Punjab-Haryana High Court
Harmeet Kaur vs Amritpal Singh Kang on 27 November, 2014
Equivalent citations: AIR 2015 (NOC) 397 (P. & H.)
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal
FAO No.183-M of 2014 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
FAO No.183-M of 2014
DATE OF DECISION: November 27, 2014.
Harmeet Kaur ....APPELLANT
VERSUS
Amritpal Singh Kang ...RESPONDENT
CORAM : HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MRS. JUSTICE SNEH PRASHAR
Present: Mr. G.P.S. Bal, Advocate
for the appellant.
Mr. Jagjit Singh, Advocate
for the respondent.
****
SNEH PRASHAR, J.
1. This appeal under Section 28 of the Hindu Marriage Act was filed by Harmeet Kaur-appellant assailing the judgment and decree of divorce dated 30.11.2013 passed by the learned Additional District Judge(FCT), Rupnagar in H.M. Act Case No. RT 63 dated 22.07.2011 dissolving her marriage with Amritpal Singh-respondent petitioner.
RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 2
2. Amritpal Singh Kang-respondent was married to appellant-Harmeet Kaur on 15.01.1990 at Village Kotla Dadheri as per Sikh rites and ceremonies. After the marriage, the parties lived and cohabited together at Morinda upto 1996 and two children, namely, Amanpreet Kaur and Sharanpreet Singh were born out of their wedlock, who are since residing with the respondent.
It was alleged that in the year 1996, Amritpal Singh went to USA and it was decided by the parties that as and when he gets citizenship or green card, he would migrate his entire family to USA. However, he could not settle in USA and shifted to Canada where also he was not given permanent rights and therefore, he came back to India in the month of June 2010.
Amritpal Singh pleaded that during his absence, Harmeet Kaur had lived for 17-18 years in his house at Morinda and he carried on to send money to her. He tried to get her visa for USA and Canada but her papers were rejected. After he returned to India, he went to the parental house of Harmeet Kaur and lived there for 2-3 days and then came to his parents house at Morinda. He was compelled by Harmeet Kaur to live with her at the parental RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 3 house. As he did not agree, she became annoyed and started raising frivolous allegations against him. Though she came to Morinda and started living with him but she always quarrelled with him and compelled him to shift to her parental home. Whenever, he went out of the house in search of work, she raised suspicion on him. On 22.12.2010, she left the matrimonial home. Thereafter, he suffered heart attack and got himself treated from various doctors but she did not care for him. Rather, she gave false complaints to the police against him alleging that he had illicit relations or had married a lady named Charanjit Kaur Sandhu and was living in adultery with her. She also complained that he had annexed fake documents to obtain a new passport for going abroad. The complaint was registered at Sr. No.209/ CPRC dated 14.05.2011 with the police. The matter was inquired into and the allegations were found to be false.
Amritpal Singh further alleged that all allegations levelled against him by Harmeet Kaur were totally false and made him upset and her said act and conduct resulted in mental and physical cruelty to him. The appellant-wife had filed a petition under Section RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 4 13 of the Hindu Marriage Act, 1955(in short, the Act) in the Court of Learned District Judge, Fatehgarh Sahib, which was dismissed. Alleging that he had been deserted by Harmeet Kaur-wife without any reasonable cause and had also been treated with cruelty by her, Amritpal Singh prayed for a decree of divorce by dissolution of his marriage with Harmeet Kaur.
3. Appellant-Harmeet Kaur contested the petition raising preliminary objections with regard to maintainability of the petition and concealment of true material facts by Amritpal Singh. On merits, she admitted her marriage with Amritpal Singh but alleged that the marriage was solemnized on 06.02.1993 and not on 15.01.1990 as pleaded by him. She further denied that out of the wedlock, two children were born and alleged that only one child namely Sharanpreet Singh was born to her on 02.06.1994.
Further, according to Harmeet Kaur, her parents spent about Rs. 20 lacs for the settlement of respondent at America and Canada. After he went abroad, his parents started harassing and maltreating her without any reasonable cause. He being a greedy person played in the hands of his parents. She lived in her RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 5 matrimonial home for 15 years in his absence, but when he returned to India in the month of December 2010, he threw her out of the house along with her minor son. He also levelled allegations against her and never paid any amount as maintenance to her. She denied that a petition under Section 13 of the Act was filed by her and submitted that brother of Amritpal Singh and his parents had obtained her signatures on some blank papers and had misused the same for filing a petition on her behalf only to obtain a decree of divorce in her absence. All other averments/allegations were denied and she prayed for dismissal of the petition.
4. On the pleadings of the parties following issues were settled by learned trial court:
1. Whether the respondent has deserted the petitioner without any reasonable cause?OPP
2. Whether respondent committed cruelty upon the petitioner?OPP
3. Whether the petitioner is entitled for dissolution of marriage by way of decree of divorce?OPP
4. Whether the petition is not maintainable?OPR RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 6
5. Whether the petitioner has no locus standi to file the present petition.OPR
6. Relief.
Both the parties adduced evidence in support of their respective contentions.
Finding that Amritpal Singh-husband had successfully proved that Harmeet Kaur-wife had caused physical and mental cruelty to him and it was also established that Harmeet Kaur had deserted him without any reasonable cause, the learned trial Court held Amritpal Singh entitled to a decree of divorce, and allowed his petition.
Feeling aggrieved by the impugned judgment and decree dated 30.11.2013 passed by the learned trial Court, Harmeet Kaur preferred the instant appeal.
5. We have heard Mr. G.P.S. Bal, Advocate representing the appellant and Mr. Jagjit Singh, Advocate appearing on behalf of respondent and with their able assistance, have gone through the material available on record.
6. One of the grounds on which either of the spouse can RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 7 seek dissolution of marriage by a decree of divorce under Section 13(1) (i.a) of the Act, is that he/she had been treated with "cruelty" by the other spouse. Word "cruelty" has not been defined under the Act, but the settled principle of law is that to constitute "cruelty", the conduct complained of should be "grave and weighty" so as to come to the conclusion that the petitioner spouse cannot reasonably be expected to live with the other spouse. It must be something more serious than "ordinary wear and tear of married life"
7. In the case in hand, Amritpal Singh Kang-respondent had sought dissolution of his marriage with Harmeet Kaur-Appellant on two grounds: first that he had been treated with cruelty by the appellant; second that he had been deserted by the appellant without any reasonable cause.
Elaborating the acts of cruelty of Harmeet Kaur towards him, Amritpal Singh deposed through his affidavit Ex.PW5/A reiterating his allegations incorporated in the petition. He very fairly testified that when he was away to U.S.A. Harmeet Kaur lived at her matrimonial home at Morinda but after he returned to India in June 2010, she started quarreling with him and compelled him to live at RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 8 her parental house. When he did not agree with her proposal, she became annoyed and raised frivolous allegations against him. She started refusing to even prepare meals for him, the relatives and friends as and when they visited them. Ultimately, she left the matrimonial home on 22.12.2010.
It was further the allegation of the respondent that after the appellant left his conjugal company, she gave false complaints against him to the police alleging that he had illicit relations with a lady named Charanjit Kaur Sidhu and was living in adultery with her. She also complained that he had got prepared fake documents for obtaining a new passport so that he could go abroad.
8. Amritpal Singh deposed that the allegations levelled by Harmeet Kaur were false and caused severe mental disturbance to him. So much so, he suffered a heart attack and got himself treated from various hospitals but Harmeet Kaur never bothered for him. He mentioned that Harmeet Kaur filed a petition for divorce against him in the District Court at Fatehgarh Sahib, which was later on dismissed.
9. To substantiate his deposition, Amritpal Singh Kang RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 9 examined PW1- Head Constable Narinder Pal Singh, who produced the summoned record and proved the complaint Ex.P1 given against him by Harmeet Kaur to Senior Superintendent of Police, Ropar; Ex.P2 statement of Harmeet Kaur recorded by Deputy Superintendent of Police, Amloh; copy of application Ex.P3 given by Harmeet Kaur to Senior Superintendent of Police, Fatehgarh Sahib; copy of application Ex.P4 given by her to Deputy Inspector General of Police, Ludhiana; and copy of statement Ex.P5 recorded by Deputy Superintendent of Police, Chamkaur Sahib on 11.02.2012. PW6-Sukhwinder Singh Record Keeper Judicial Record Room, District Court, Fatehgarh Sahib, produced the summoned record pertaining to H.M.A case No. 19 dated 26.02.2010 titled 'Harmeet Kaur Vs. Amritpal Singh' and proved copy of the petition Ex.PW5/A; affidavit of Harmeet Kaur annexed with the petitioner Ex. PW5/B; and copy of the power of attorney Ex. PW5/C of the counsel, who represented Harmeet Kaur.
10. Neerja Saini Inspector Food Supplies, Morinda, was examined as PW-2 to prove affidavit of Harmeet Kaur Ex. PW2/A; copy of the application given by her regarding loss of ration card Ex. RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 10 PW2/D, copy of birth certificate of Amanpreet Kaur Ex. PW2/C attached with the application and the ration card having photographs of the family Ex.PW2/C/I. In addition to the aforesaid documents, Amritpal Singh examined Gurmail Singh PW3 and Balbir Singh PW4, both acquaintances of the family, who corroborated his version and unequivocally testified that Harmeet Kaur is a quarrel some lady who compelled Amritpal Singh to live at her parental home and when he did not agree to do so, she felt annoyed and started levelling false allegation of his illicit relationship with one Charanjit Kaur Sandhu. They also deposed that because of the false allegation levelled by Harmeet Kaur, her husband Amripal Singh became ill and suffered a heart attack and that now, it was not possible for Amritpal Singh to live with her.
11. On the other hand, Harmeet Kaur stepped into the witness box as RW-1 and made deposition through her affidavit Ex. RW1/A reiterating that her parents spent around Rs.20 lacs on the settlement of her husband Amritpal Singh in America and RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 11 Canada and that he and his parents were greedy persons, who had been harassing and maltreating her and had thrown her out of the matrimonial home in December 2010. She denied that she filed any petition for divorce against her husband and alleged that brother and parents of her husband had obtained her signatures on blank papers and may have misused the same for filing the petition. She deposed that when she came to know about pendency of the petition, she appeared and withdrew the same. By examining RW-2 Pawan Kumar, Head Master Govt. High School Sidupur Kalan, she proved entries in the admission record Ex. RW2/A and Ex. RW2/B relating to Amanpreet Kaur. She also examined RW3-Head Constable Baldev Singh to prove the complaint Ex. RW3/A and Ex. RW3/B given by her to DIG Ludhiana Range; copy of complaint Ex. RW3/C given to Senior Superintendent of Police, Fatehgarh Sahib; the investigation report Ex. RW3/D of Deputy Superintendent of Police Amloh; and Ex. RW3/E report of Senior Superintendent of Police, Fatehgarh Sahib.
12. The ocular and documentary evidence adduced by the parties unveiled the conduct of Harmeet Kaur. At the first instance, RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 12 it is important to mention that Amritpal Singh Kang pleaded that his marriage with Harmeet Kaur was solemnized on 15.01.1990 at Village Kotla Dadheri. Two witnesses examined by him namely PW3-Gurmail Singh and PW4- Balbir Singh, both residents of District Ropar, corroborated his version. Harmeet Kaur disputed the date of marriage and alleged that her marriage with Amritpal Singh Kang was solemnized on 06.02.1993 and not on 15.01.1990. Except for her solitary oral statement, no evidence could be produced by her to prove that the marriage was solemnized on 06.02.1993. This was the first wrong statement made by Harmeet Kaur.
Secondly, Amritpal Singh Kang pleaded that they had two children a daughter named Amanpreet Kaur and a son named Sharanpreet Singh. Denying the said factum Harmeet Kaur pleaded and deposed that they had only one son named Sharanpreet Singh who was born on 02.06.1994. Not a word was uttered by her with regard to the daughter named Amanpreet Kaur.
During evidence Amritpal Singh Kang examined PW2-Neerja Saini Inspector Food and Supplies Morinda who produced the relevant record and besides proving the application Ex. PW2/B, RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 13 affidavit Ex. PW2/A and ration card Ex.PW2/D of Harmeet Kaur, she also stated that an application for adding the name of daughter Amanpreet Kaur in the ration card was given by Harmeet Kaur and along with the application, she had filed a copy of the birth certificate Ex.PW2/C of Amanpreet Kaur, wherein she was named as Amanpreet Kaur D/o Harmeet Kaur. Accordingly, the ration card Ex. PW2/C/1 was issued which bears photographs of Amanpreet Kaur, Harmeet Kaur and Sharanpreet Singh.
13. The statement of PW2- Neerja Saini Inspector Food and Supplies Morinda proved that Harmeet Kaur had herself applied for addition of name of daughter Amanpreet Kaur in the ration card representing the child as her daughter. In the birth certificate, Amanpreet Kaur was named as daughter of Harmeet Kaur.
Indeed in his cross-examination, Amritpal Singh Kang clarified that Amanpreet Kaur was their adopted daughter but he added that the daughter was adopted by Harmeet Kaur with his consent. He admitted that no written adoption deed was prepared but stated that Harmeet Kaur had given an affidavit regarding adoption.
RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 14
14. Be that as it may, from the application and birth certificate given by Harmeet Kaur herself to the Food and Supplies Department, it is proved that she herself represented Amanpreet Kaur as her daughter and got her name included in her ration card. It was in said circumstances that Amritpal Singh referring to the daughter Amanpreet kaur, was who adopted as their daughter, had specifically pleaded that they have two children, a son and a daughter out of the wedlock. Harmeet Kaur denied that they had a daughter and did not stated nothing about the girl to whom Amritpal Singh Kang had referred as daughter. Her simple statement that they had only one son out of the wedlock amounted to wrong narration of facts on her part.
15. Further, from the statement of PW6- Sukhwinder Singh Record Keeper Judicial Record Room, District Court, Fatehgarh Sahib, who was summoned with the record pertaining to Hindu Marriage Act petition No.19 dated 26.02.2010 titled as "Harmeet Kaur Vs. Amritpal Singh" copy of which Ex. PW5/A, it was established that a petition for dissolution of her marriage with Amritpal Singh Kang under Section 13 of the Hindu Marriage Act, RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 15 1955 was filed by Harmeet Kaur at Fatehgarh Sahib. Along with the petition, she had filed her affidavit Ex. PW5/B and Ex. PW5/C was the power of attorney of her counsel, who represented her. In her written statement, Harmeet Kaur outrightly denied that she had filed any such petition and took the stand that the brother and parents of the petitioner had obtained her signatures on some blank papers and those papers may have been misused for filing the petition.
This was another wrong statement on facts made by Harmeet Kaur. She had signed not only on the petition and her affidavit annexed with the petition, but had also signed on the power of attorney of the counsel. In her cross-examination, she admitted that she had gone to the Court with her counsel. The power of attorney was a printed document, therefore, it did not lie in the mouth of Harmeet Kaur to say that her signatures were obtained on blank papers which were misused. She did not mention any reason for withdrawing the petition and could also not prove the allegation of fabrication of the petition on her behalf.
16. In addition to above intentional wrong statement of facts, Harmeet Kaur when appeared in the witness box outrightly admitted that she had given various complaints RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 16 against her husband to the police. She also admitted that in her complaint Ex.P5, she had stated that Charanjit Kaur Sidhu was resident of Ludhiana and her husband Amritpal Singh Kang was having illicit relations with her. It was also her admission that she got recorded in the complaint that Charanjit Kaur Sidhu had come from Canada to Morinda and was living with Amritpal Singh Kang as his wife.
17. Copies of complaints were not only brought on record and proved by Amritpal Singh Kang but were also proved by Harmeet Kaur through RW3 Head Constable Baldev Singh. Admittedly, Harmeet Kaur levelled allegation in his complaints to the police that her husband Amritpal Singh Kang had an immoral character and was living in adultery.
18. No evidence worth in its name could be produced by Harmeet Kaur to establish her allegation of illicit relationship of Amritpal Singh Kang with Charanjit Kaur Sidhu. So much so, no one from her own family came forward to support her. Inquiries were held in the complaints given by her to the police. Learned counsel for Harmeet Kaur failed to refer to any inquiry report wherein some RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 17 competent authority found the allegation of Harmeet Kaur to be true. What to say of producing some reliable and convincing evidence that the petitioner was living in adultery that lady named Charanjit Kaur Sidhu was living with him as his wife, Harmeet Kaur even miserably failed to prove that there was some lady named Charanjit Kaur Sidhu who in some way was connected to Amritpal Singh Kang. Since the allegation of having illicit relationship was found to be false, it can be said without hesitation that levelling such wild accusation against the character of the husband was an act of utmost cruelty towards him by Harmeet Kaur.
19. Marriage is a pious institution founded on faith and mutual understanding. A scrutiny of the evidence on record shows that the act and conduct of Harmeet Kaur-wife was constituted of bundle of lies which shattered the mutual bonding and created distrust. Amritpal Singh Kang rightly deposed that because of the allegations levelled by the respondent against his character, he suffered grave humiliation and mental agony. Indeed, Harmeet Kaur was guilty of causing mental cruelty to her husband Amritpal Singh and there fore it was no longer possible for them to live und er the same roof. RASHMI 2015.01.23 14:32 I attest to the accuracy and integrity of this document FAO No.183-M of 2014 18 The marriage had irretrievably broken and learned trial Court rightly dissolved the marriage by a decree of divorce and allowed the petition .
Thus, the findings call for no intervention and hence the appeal fails and is dismissed.
(AJAY KUMAR MITTAL) (SNEH PRASHAR)
JUDGE JUDGE
27.11.2014
rashmi
RASHMI
2015.01.23 14:32
I attest to the accuracy and
integrity of this document