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2009 DIGILAW 235 (PNJ)

Joga Singh v. Basant Kaur

2009-01-29

S.D.ANAND

body2009
Judgment S.D.Anand, J. 1. The appellant-husband is in appeal against the order vide which he was non-suited, in the matter of a plea filed by him under Section 13 of the Hindu Marriage Act for dissolution of the marriage with the respondent-wife. 2. In the course of the petition, the appellant alleged that the marriage between the parties was solemnised in the year 1984 and two female issues were born out of their union on 25.2.1986 and 6.8.1990. The respondent-wife who is under "the thumb of her mother and the Mahila Mandal" used to treat the appellant with cruelty from the very inception of their marriage. She would always use filthy language in the course of the conversation with the appellant. She would, at times, abuse the appellant in the name of his mother and sister even in the presence of visiting guests and friends. The appellant is a respectable person with a noticed status in society inasmuchas he is a Municipal Commissioner of Makhu Municipal Committee and is a Congress social worker. Whenever he would go out of the house for earning livelihood, the respondent-wife would lock up the house and go over to her natal house, alongwith her children. The appellant would, in that eventuality, find the house locked. On return to the house, he had to, at times, send for the respondent from her natal house. Every time he would do so, he would be greeted by the respondent-wife with abuses and filthy language. The respondent-wife would even refuse to cook food for him and he had to go without food. The respondent-wife even denied sex to him. The denial of sex had adversely affected the mental health of the appellant who is a young man otherwise. The respondent-wife used to be labour the appellant with a danda or shoe. She had thereby caused injuries to him and also caused mental cruelty. The respondent-wife ultimately deserted the appellant in the month of January, 1995. He could not secure her return to matrimonial house inspite of convening of Panchayat for the purpose aforementioned. 3. The respondent-wife challenged the maintainability of the petition by averring that it was the appellant himself who had withdrawn from her conjugal society. She denied having ever committed any act of cruelty or having ever belaboured the appellant. It was averred that the appellant-husband, on the other hand, developed illicit intimacy with Mst. 3. The respondent-wife challenged the maintainability of the petition by averring that it was the appellant himself who had withdrawn from her conjugal society. She denied having ever committed any act of cruelty or having ever belaboured the appellant. It was averred that the appellant-husband, on the other hand, developed illicit intimacy with Mst. Sant Kaur, who is none-else or other than own younger sister of the respondent and a female child had also been born out of that union. When the respondent-wife requested the appellant to leave the company of Mst. Sant Kaur, he belaboured her and turned her out of the matrimonial house on the instigation of Mst. Sant Kaur aforementioned. The trial proceeded on the following issues :- "1. Whether the respondent is guilty of cruelty as alleged in the petitioner ? OPP 2. Whether the respondent left the company of the petitioner without any reasonable excuse ? OPP 3. Relief" 4. The learned Trial Judge disposed of both the issues against the appellant- husband by recording a finding under the former issue that it was the appellant-husband himself who was at fault in having developed illicit relations with the sister of the respondent-wife. Under the latter issue, it was held that the respondent-wife had withdrawn from the conjugal company of the appellant for a reasonable cause as the latter had developed illicit relations with formers yonger sister. 5. None entered appearance on behalf of the appellant to assist this Court. 6.I have heard Mr. L.S. Sidhu and Mr. D.S. Sidhu, learned counsel for the respondent and have carefully gone through the file. 7.It may be noticed, at the very outset, that it was conceded by none-else or other than appellant Joga Singh himself (as AW-1) that "I have kept Sant Kaur as my wife for the last 1-3/4 years. I have one female child from Sant Kaur. Her age is about 8-9 months. She was at Patti. Her name was entered in M.C. record at Patti. Ex. R1 is the photograph in which Sant Kaur is standing with me." 6. There is not even a word in the testimony of appellant husband to support the averment for the appellant that respondent had, in the course of a belabouring, caused an injury to him. She was at Patti. Her name was entered in M.C. record at Patti. Ex. R1 is the photograph in which Sant Kaur is standing with me." 6. There is not even a word in the testimony of appellant husband to support the averment for the appellant that respondent had, in the course of a belabouring, caused an injury to him. There is an averment in the petition that the respondent-wife denied sex to him and thereby refused to perform her matrimonial obligation towards him. This pleading does not find mention in his statement at the trial. 7. The respondent-wife has not denied that she is living separately from the appellant for the indicated duration of years. In view of the fact that the appellant himself conceded having developed intimacy with the younger sister of the respondent-wife, there is no escape from the conclusion that the respondent-wife had withdrawn from the conjugal company of the appellant- husband for a sufficient cause. In Indian society, a wife would be justified in staying away from her husband if the latter is proved to have developed illicit intimacy with another woman. 8. In the light of the foregoing discussion, I have no hesitation in holding that the finding recorded by the learned Trial Judge deserves affirmation and it is so ordered accordingly. The appeal is held to be denuded of merit and is ordered to be dismissed.