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Showing contexts for: anil sharma in Anil Kumar Sharma Son Of Narendra Dev ... vs Asha Sharma Wife Of Sh. Anil Sharma on 31 January, 2014Matching Fragments
The witnesses of the parties deposed as under :-
PW1 Anil Kumar Sharma (appellant) reiterated the averments contained in his petition that have been reproduced in the earlier part of this judgment.
PW2 Dinesh Singh, Junior Clerk, Rail Coach Factory, Kapurthala deposed that the appellant is employed in Rail Coach Factory at Kapurthala, as Section Engineer and was allotted a residential quarter bearing No. 640-E in the factory (supra) on 08.11.1988, but he cannot say, as to whether he (appellant) was putting up his residence, therein. He further testified that on 19.11.1991, the appellant was allotted another quarter bearing no. 688-A in place of quarter no. 640-E. Now, he has been allotted Type- III quarter bearing no. 361-A. Again, there was change in quarter on 10.06.2000 from quarter No. 361-A to 370-E. All these quarters are allotted to the employees for purpose of residence. No employee can leave the station without the permission of the Department.
PW3 Balbir Singh, Head Clerk, Bill Section, Rail Coach Factory, deposed that at present, Anil Kumar is posted against the post of Senior Engineer in Rail Coach Factory, Kapurthala. PW3 brought the record pertaining to FAO No. 109-M of 2002 the deduction of electricity charges and water charges consumed by the employee of the factory (supra). He also brought the relevant record pertaining to the deduction made by the Department with regard to the consumption of electricity and water charges consumed by Anil Kumar (appellant) with regard to the quarters allotted to him from time to time from the year 1989 till date. He deposed that during November, 1989, a sum of ` 50/- as rent of quarter and a sum of ` 30/- towards electricity were deducted from the pay of the appellant and the deductions of electricity charges varied, as per the units consumed by the allottee, during each month. He brought the relevant record for the months of November, 1989, April, 1990, August, 1990, December, 1990, May, 1991, October, 1991, January, 1992 to May, 2001. He proved the certified copy of the said record consisting of 30 pages that was duly attested by the Senior Personnel Officer of the Rail Coach Factory, Kapurthala. PW3 identified the signatures of the said Officer and he initials as 'Happy Walia'. He further deposed that last deduction was made in the month of May, 2001. A sum of ` 105/- towards electricity charges and a sum of ` 108/- towards rent of quarter was deducted from the pay of the appellant. The certified copy of the same is Ex. PW3/1. FAO No. 109-M of 2002 PW4 Rajpal Singh deposed that at present, Anil Kumar (appellant) has been residing in quarter No. 370 of Rail Coach Factory and he also knows his wife and is on visiting terms to his residence. He deposed that only 20 quarters intervene between his quarter and the quarter of the appellant. There were differences between the parties on account of the fact that the respondent wanted to reside at Amritsar and she intended that the appellant should also live at Amritsar, and in connection with his service, he should daily commute between Amritsar and Kapurthala. He testified that Anil Kumar was not prepared to agree with the respondent and to reside at Amritsar. He also testified that there was no other reason for the bitterness of relationship between the parties. He further testified that Anil Kumar does not take liquor and he had accompanied Anil Kumar in the month of October, 1994 to Amritsar to his in-laws house and Anil Kumar told him that his wife was not prepared to come back to Kapurthala and, therefore, he asked Anil Kumar to take him along with him to his in-laws house and in this connection, he accompanied Anil Kumar to the house of his in-laws and Asha Sharma was not prepared to go back to Kapurthala and she showed her inclination to reside in Amritsar and she intended to join job there and she also told FAO No. 109-M of 2002 Anil Kumar to undertake up and down journey daily and Asha Rani had not made any complaint against Anil Kumar to him.
RW4 Anil Sahejpal is the brother of Asha Sharma- respondent. He also deposed as per the averments contained in the written statement that have been reproduced in the earlier parts of this judgment.
After hearing both the sides, the trial court FAO No. 109-M of 2002 decided issues Nos. 1, 2 and 4 against the appellant and in favour of respondent, issue No. 3 in favour of the appellant and against the respondent, being not pressed, and dismissed the petition of the appellant under Section 13 of the Hindu Marriage Act with costs, vide judgment and decree dated 31.01.2002. Aggrieved thereagainst, the appellant, who was petitioner before the trial court, has come up in this appeal with prayer for acceptance thereof, and for acceptance of his petition under Section 13 of Hindu Marriage Act, for dissolution of his marriage with the respondent on the grounds of cruelty and desertion.
It is proved through the testimony of PW1-Anil Kumar Sharma (appellant) that has been corroborated by his father-Narinder Dev Sharma (PW5) that the respondent insisted upon appellant to live at Amritsar. That is the reason, why the respondent deserted the appellant. So, it must follow that she left the matrimonial home and did not FAO No. 109-M of 2002 join the company of the respondent. As already noticed, she did not file any case under Section 9 of the Hindu Marriage Act. Possibility cannot be ruled out that she lodged case under Section 498-A and 406 of IPC against the appellant, his parents and sister simply to compel him to live with her at Amritsar and commute daily to his work place at Kapurthala from Amritsar.