IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.03.2025 Palwinder Kaur ...Appellant Versus Gurpreet Singh ...Respondent CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Deepak Arora, Advocate for the appellant.

***

SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 21.11.2024 passed by the Additional Principal Judge, Family Court, Gurdaspur (for short ‘the Family Court’), whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act’) filed by the respondent-husband was allowed and the marriage between the parties was dissolved by a decree of divorce on the grounds of cruelty and desertion. 2. The aforesaid petition had been filed by the respondent-husband, inter-alia, pleading therein that his marriage with the appellant-wife was solemnized on 07.03.2016 as per Sikh rites. No child was born out of this wedlock. It was further alleged that the parties had resided together only for 23 days. The behaviour of the appellant-wife was not good and she refused to accept the respondent as her husband. She used to insult him in the presence of relatives and had never allowed him to establish marital relationship with her. On 30.03.2016, she started raising alarm and then called her parents and went away with them. While leaving, she took along with her gold ornaments. She had also made a complaint to the police at Tibber, where a compromise was effected, but despite that she failed to join his company. She had also moved an application to the Senior Superintendent of Police, Gurdaspur, regarding the demand of dowry. Multiple enquiries were conducted on the complaints submitted by her, but no substance was found therein. The appellant-wife had also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. She got her statement recorded regarding her willingness to join the company of the respondent-husband. It was also alleged that the respondent-husband had filed a petition under Section 9 of the Act, but the same was dismissed on 23.09.2019. She had deserted the respondent-husband for more than five years as on the date of filing of the divorce petition. Terming the aforesaid acts of the appellant-wife as cruelty and desertion, a decree of divorce has been sought for.

3. Upon notice, the appellant-wife entered appearance and filed her written statement admitting the factum of marriage. It was further asserted by her that the respondent-husband had never approached her for establishing relations with her, as he was an addicted person. He had concealed the factum of him remaining under the influence of intoxication and had played fraud upon the appellant-wife. On 30.03.2013, the respondent- husband along with his family members, gave beatings to the appellant-wife with iron rod and also tried to kill her, but the appellant-wife had saved herself somehow. He had raised demands of dowry and had also abused her, which led her making a complaint on Police Helpline No. 181. Moving of applications on 18.05.2016 and

07.07.2017 to the SSP, Gurdaspur, was admitted.

4. On the basis of the pleadings of the parties, the following issues were framed by the Family Court:-

1. Whether respondent has treated the petitioner with cruelty? OPP

2. Whether the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of petition? OPP

3. Whether the petitioner is entitled for the dissolution of the marriage as prayed for? OPP

4. Relief.

5. In evidence, the respondent-husband himself appeared as PW-1 and examined PW-2 Dhian Singh, PW-3 Karnail Singh and PW-4 Balwinder Singh, besides tendering documentary evidence from Ex.P1 to Ex.P6. On the other hand, the appellant-wife examined herself as RW-1 and had also examined her father Sukhchain Singh as RW2. The appellant-wife also tendered into evidence documents Ex.R1 to Ex.R12 and Mark-A