Research › Search › Judgment

Punjab High Court · body

2003 DIGILAW 352 (PNJ)

Avtar Singh @ Jagtar Singh v. Shinder Pal Kaur

2003-02-26

HEMANT GUPTA

body2003
Judgment Hemant Gupta, J. 1. In the present appeal, the challenge is to the judgment and decree passed by the learned Trial Court, dissolving the marriage between the parties on a petition filed by the respondent-wife, 2. The marriage between the parties was solemnised in Feb. 1995, and a male child namely Hardeep Singh was born out of the wed-lock on 12.11.1997. However, in the month of April, 1997, the wife alleged that the husband started quarrelling when she was pregnant of 2/3 months on one pretext or the other. The husband started neglecting her and remained away from her company on days together. The husband started blaming the wife that she has illicit relations with Sakandar Singh, his younger brother, who was unmarried. He also blamed that his wife has conceived from the loins of somebody else. The husband used to slap the wife in the presence of other family members which caused her a great mental shock. The wife narrated her grievance to her mother-in-law but she remained on the side of the husband and she was beaten by the husband as well, sometimes at the instance of her mother-in-law. 3. The wife sought dissolution of marriage on the ground of cruelty as well as desertion. The appellant controverted the allegations of the wife. The appellant admitted the birth of the male child out of the wedlock. He denied the allegations of taking up quarrels. The allegations against the character of the wife were also denied. The wife appeared as a witness and also produced PW2 Piara Singh, PW3. Jarnail Singh and Darshan Singh as PW4. On the other hand, the appellant appeared as RW2 and produced Jarnail Singh as RW1 and his father Gurcharan Singh as RW3, The Learned Trial Court after making detailed reference to the oral testimony of all the witnesses, returned a finding that the wife was being treated with cruelty. On the basis of such finding, the Trial Court passed the order dissolving the marriage between the parties. 4. In appeal, the counsel for the appellant has sought to dispute the finding recorded by the Learned Trial Court. It was stated that the husband is ready and willing to maintain the matrimonial relationship with his wife. However, I am unable to accept the argument raised by the appellant. 4. In appeal, the counsel for the appellant has sought to dispute the finding recorded by the Learned Trial Court. It was stated that the husband is ready and willing to maintain the matrimonial relationship with his wife. However, I am unable to accept the argument raised by the appellant. Once the appellant has treated his wife with cruelty, such as levelling of false allegations against her character, giving beatings etc., the same would show that the stand of the appellant is not justified. 5. The findings recorded by the Learned Trial Court on the allegation that the appellant has treated his wife with cruelty, are the findings based on proper appreciation of the evidence. There is no reason to take a different view than the view taken by the Learned Trial Court. Consequently, the appeal is dismissed.