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2015 Supreme(P&H) 1264

PUNJAB AND HARYANA HIGH COURT
AJAY KUMAR MITTAL & SNEH PRASHAR, JJ.
Arshdeep Kaur – Appellant
Versus
Bharat Masih – Respondent
FAO No. M-358 of 2009
Decided On : 5.2.2015

Advocates:
Advocate Appeared:
For the Appellant:P.S. Dhaliwal, Advocate.

Headnote:Hindu Marriage Act, 1955, S.13--Divorce--Cruelty--Love marriage between petitioner and respondent without consent of parents--Contention of petitioner respondent and his family members had administered intoxicant to her and married her by fraud--In that short span during which the petitioner and the respondent lived together, having married against the wishes of their parents, they remained busy seeking protection from various authorities--Therefore, there was no occasion for the respondent to maltreat the petitioner or demand dowry from her--Petitioner miserably failed to prove her allegation that she had been treated with cruelty by the respondent--Appeal dismissed. (Paras 15 to 19)

JUDGMENT

SNEH PRASHAR, J.

1. A petition was filed by Arshdeep Kaur, appellant-petitioner for dissolution of her marriage with Bharat Masih, respondent by way of a decree of divorce. The petition was dismissed with costs and assailing the judgment and decree dated 05.09.2009 passed by learned Additional District Judge, Moga, Arshdeep Kaur filed the instant appeal.

2. The facts culminating to the initiation of the instant appeal are as under:-

Petitioner Arshdeep Kaur and respondent Bharat Masih were married on 31.08.2006 at Gurdwara Dashmesh Nagar, Moga, by way of Anand Karaj ceremony. Prior to marriage, the petitioner used to visit the Beauty Parlour run by Kiran, sister of respondent Bharat Masih at Kacha Zira Road, Moga. The respondent also used to come to the Beauty Parlour and they fell in love and got married on 31.08.2006 without the consent of their parents.

The petitioner averred that the respondent represented to her that he is B.Sc. and a Lab Technician and was running a Lab at Solan, from which he was having sufficient source of income. She told him that she had passed course of Air-hostess from a reputed institution. The respondent allured her for marriage by saying that they will go abroad and settle there.

The petitioner further pleaded that on 01.09.2006, she went to Solan with the respondent. They took a room on rent and started living together. Suddenly, the attitude of the respondent changed on 02.09.2006. He started compelling her to bring money from her parents as her father was in Dubai. He openly told her that he had married her because he was interested in money. She expressed to him that she was unable to ask for money from the parents as the marriage was performed without their consent. He offered to talk to her parents himself and as the time passed, his behaviour became so cruel that he started beating her. She was locked in a room and was not allowed to talk to neighbours. He threatened to do away with her in case she did not obey him and did not ever provide to her daily necessities of life.

It was alleged by the petitioner that on 09.09.2006 when she was locked in a room, she managed to talk to a person passing from the street. She gave the telephone number of her parents to him and requested him to ask her parents to save her from the clutches of the respondent. On receipt of information, her mother alongwith local police and some respectables came to Solan. When the respondent learnt about arrival of the police, he fled away. She was rescued by her mother and she returned to her parental home with her. The respondent threatened her on telephone and insisted on his demand for money. He filed a writ petition under Article 226 of the Constitution of India before the Punjab and Haryana High Court. She appeared in that petition and informed the Court that she wanted to live with her parents and the petition was dismissed. In a petition under Section 9 of the Hindu Marriage Act, 1955 (in short the Act of 1955) filed by the respondent, she was summoned. The matter was put up before Lok Adalat, but the respondent then withdrew that petition.

Submitting that she had been treated with utmost cruelty by the respondent, the petitioner prayed for dissolution of their marriage by a decree of divorce.

3. The respondent contested the petition. In his written statement, he pleaded that the marriage between him and the petitioner had taken place on 10.08.2006 by way of Anand Karaj ceremony and the date of marriage had been wrongly mentioned by the petitioner in her pleadings. He further alleged that after the marriage they lived together as husband and wife at New Sodhi Nagar Zira Road, Moga. The mother and brother of the petitioner took her from his house on 11.09.2006 on the pretext that she will return after 2-3 days, but she did not come back thereafter. The fact that prior to marriage the parties had love affair was admitted by the respondent and he disclosed that since the parents of the petitioner were not happy w
























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