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2000 Supreme(P&H) 1291
PUNJAB AND HARYANA HIGH COURT
R.L. Anand, J.
Narinder Kaur - Appellant
Versus
Varjinder Singh - Respondent
F.A.O. No. 95-M of 1999.
Decided On : 1 November, 2000
For the Appellant :Mr. J.S. Virk, Advocate.
For the Respondent:Mr. Palvinder Singh, Advocate.
The main legal point established is the concept of desertion under the Hindu Marriage Act, including the elements of intentional permanent forsaking and abandonment without reasonable cause, and the influence of family members on marital relations.
Headnote:
Desertion - Hindu Marriage Act - Section 13 - [Section 13 of the Hindu Marriage Act] - The court discussed the concept of desertion and its elements, including intentional permanent forsaking and abandonment without reasonable cause. The court also considered the influence of family members and the intention to permanently cease cohabitation. The court affirmed the finding of desertion based on evidence of the wife's refusal to live with the husband and her brother-in-law's influence.
Fact of the Case:
The husband filed for divorce under Section 13 of the Hindu Marriage Act, alleging desertion by the wife. The wife denied the allegations and counter-filed under various sections, claiming abuse of process of law. The trial court found in favor of the husband and granted a decree of divorce.
Finding of the Court:
The court found that the wife had deserted the husband without reasonable cause and excuse for a continuous period, affirmed the trial court's decision, and dismissed the appeal.
Issues: The issues included whether the wife deserted the husband without reasonable cause, the maintainability of the petition, and the disclosure of previous litigation between the parties.
Ratio Decidendi: The court affirmed the finding of desertion based on evidence of the wife's refusal to live with the husband and her brother-in-law's influence. The court also considered the absence of evidence supporting the wife's claims and the husband's efforts for reconciliation.
Final Decision: The appeal was dismissed with no order as to costs.
R.L. Anand, J. - Smt. Narinder Kaur has filed the present appeal and it has been directed against the judgment and decree dated 5.4.1999 passed by the Additional District Judge, Fatehgarh Sahib, who allowed the petition of Varjinder Singh (now respondent) under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) and granted a decree of divorce on the ground of desertion.
2. The brief facts of the case are that Varjinder Singh respondent filed a petition under Section 13 of the Act and it was inter alia pleaded by him that the marriage between the parties took place on 9.4.1989 by way of Anand Karaj ceremonies. The parties cohabited with each other but no child was born out of this wedlock. It was alleged by the husband that wife resided with him till December 1991 and in the said month her brother-in-law took her to her parental house and thereafter she did not turn up to join his company. In the month of June 1992, the petitioner along with his relatives and respectables approached the respondent-appellant and requested her to resume his company but to no effect. In the month of November 1993, Jaswant Singh, brother-in- law of respondent along with his brothers Kulwant Singh and Pritam Singh and other relatives namely, Thakur Singh, Kundan Singh and Shinder Singh, residents of village Jalmana, district Karnal came to village Pawala at the house of the petitioner and expressed the desire of the respondent not to live in the company of the petitioner and stated that he should get divorce by mutual consent. Jaswant Singh, brother-in-law (Jija) of the respondent had also been pressuring the petitioner and his family members to mutually divorce the respondent. In the month of January 1995, the petitioner and his relatives again convened panchayat and went to the house of the respondent- wife and persuaded her to resume the company of the petitioner, but she did not agree. It was further averred that the parents of the respondent-wife are not alive and Jaswant Singh, husband of the elder sister of the respondent, is residing at village Thaska Ali as Ghar Jawai. The property left by the father of the respondent has been inherited by the respondent and her sister in equal shares. Therefore, the respondent has become the owner of seven acres of land. The borther-in-law of the respondent does not want that the land should go in the hands of the petitioner. He had already sold some land in abadi of Village Thaska Ali belonging to the respondent. Since the respondent-wife has deserted the petitioner without any reasonable cause and excuse for more than four years and eleven months prior the filing of the petition, therefore, the husband has sought a decree of divorce.
3. The notice of the petition was given to Narinder Kaur, who filed the reply and denied the allegations. It was pleaded by her that she filed a petition under Section 9 of the Act and also filed a criminal case under Sections 498-A and 406 I.P.C. She further filed a complaint under Section 494 IPC besides one more application under Section 125 Criminal Procedure Code The present petition under Section 13 of the Act has been filed as an abuse of process of law. On merits, it was alleged by the wife that her husband used to beat her on account of demand of money. He was not satisfied with the articles of dowry. Initially, the husband remained silent but thereafter he started misbehaving with her. The petitioner and his family members used to taunt her on the ground that she was infertile. They demanded a motorcycle and a cash of Rs. 10,000/-. The respondent-wife told the petitioner that she was an orphan, her marriage was arranged by her Jija and she cannot meet with the demand. At this, the petitioner and his family members became furious and gave beatings to her many times. However, with the intervention of the panchayat she was again rehabilitated, but after about two years she was again turned out from her matrimonial house in three wearing
