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Copy of Judgment

In the court of Additional District Judge, Jalandhar.


Hindu Marriage Act case no. 30/4-8-1998
Date of Decision: 21-12-1998
Rajwant Kaur w/o Gurwinder Singh D/o Surinder Pal Singh r/o
Village Waddi Miani, Tehsil Dayuya, District. Hoshiarpur
Petitioner
Gurvinder Singh s/o Radhe Shayam r/o VPO. Kular District Jalandhar
--Respondont.
(Petition for dissolution of marriage by way of decree of divorce u/s 13 of H.M. Act,1955)
Present: petitioner with Counsel.
Respondent Ex-parte.
Judgment
Rajwant Kaur filed petition for dissolution of marriage against Gurwinder Singh on the
allegations that marriage between the parties was solemnized on 21-6-1987. After marriage,
she started residing with Prem Chand, respondent as his legal wedded wife and cohabited
together as husband, at VPO. Kular District Jalandhar. And from this wedlock, four children
namely Karanjot (DOB: 07/12/2004) born. Minor children is in the lawful custody of
respondent, who are helping looked after by the parents of the respondent. That relations
between the parties became strained after the marriage of the parties. As respondent is a man
of greediness. Respondent demanded Bajaj Chetak scooter at the time of marriage ceremony.
But the demand was not fulfilled at the time of marriage. Respondent used to harass the
petitioner and maltreated her under the influence of liquor. In the month of June 1996
petitioner was badly beaten and was turned out of the respondent from his house in three
clothes. Minor children were snatched. Respondent demand Rs. 2 Lacs to visit foreign
country. Petitioner and her parents approached the respondent and made requests to
Rehabilitate and maintain the petitioner but he did not agree. After that 2/3 times effort was
made to settle the dispute but all in vain.
Since then nothing was sent as maintenance allowance. Since June,1995, the petitioner is
residing with her parents.
2- Upon notice respondent despite of service did not turn up and was proceeded against ex-
parte.
3- Petitioner, Saroj Bala appeared as her own witness and examined her father and
namberdar.
4- Saroj Bala on oath stated that she was married to respondent and marriage was performed
on 21-6-1987, as per Hindu Rites and rituals. After marriage she started residing with the
respondent at village Begowal, District Kapurttiala and there four children born out of this
wedlock. And the minor children are in the custody of her in laws. At the time of marriage,
respondent, demanded Bajaj Chetak scooter, but her parents were not in a position to provide
scooter. Respondent started misbehaving and maltreating her under the influence of liquor.
To visit foreign country, respondent demanded Rs. 2 Lacs as he wanted to go abroad. And
she was turned out of his house to bring Rs.2 Lacs in the month of June, 1996. Since then she
is residing with her parents. Panchayat was convened and requested to rehabilitate her but
respondent did not agree. No any maintenance allowance sent to petitioner. Her father and
namberdar of the village corroborated the same facts as stated by the petitioner, and
supported the version of the petitioner.
5- Ex-parte evidence shows that Saroj Bala was married to Prem Chand and marriage was
performed on 21-6-1987. There are found minor children from this wedlock. Minor children
are in the lawful custody of the parents of the respondent. Despite of service he did not turn
up. In case respondent was not at fault then he could easily appear and contest the petition.
Since June,1996 the petitioner is residing with her parents. Ex-parte evidence inspires
confidence, without rebuttal from the side of the respondent.
6- In view of all discussed above, petition for dissolution of marriage is accepted and I pass
an ex-parte decree of divorce dissolving the marriage amongst the parties on account of
desertion, with costs. Decree sheet be prepared. File be consigned to the record room.

Announced in open court.


21-12-1993. Sd/-xxx
Addl. District Judge,
Jalandhar

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