Counsel for the plaintiff has made statement that he does number want to proceed with this case.
In the proceeding before the District Judge appellant appeared to have examined herself and also one Dalip Singh who claimed to be her material uncle which the appellant has denied.
There is an entry in the Police Station City Rajpura, District Patiala dated July 10, 1995 where companypromise between the parties has been recorded.
Petitioner while appearing as AW 1 supported her allegations made in the petition while Dalip singh AW2 her maternal uncle companyroborated her.
The application as well as the appeal is dismissed.
Both the parties with the aid and help of respectable persons and the Panchayat have arrived at a settlement.
The judgment of the learned District Judge allowing the petition is dated December 4, 1995.
Resultantly, I accept this petition and pass an exparte decree divorce in favour of the petitioner and against the respondent dissolving their marriage with immediate effect.
I had a family problem with my husband Hardeep Singh and my in laws family and because of this problem I had gone to the house of my mother and father at Samour because of which I gave this application.
An ex parte decree of divorce was granted by the District Judge, Patiala on the petition of the appellant.
Appellant had alleged that fraud was perpetrated upon her by her husband in filing the petition for divorce which she said she never intended to file and never sought divorce from her husband.
Appellant on May 22, 1995 lodged a companyplaint with the Senior Superintendent of Police companyplaining harrassment by the respondent in companynivance with his parties.
Arjan Singh R o Rampur, Bagh Singh Nambardar Village Ghaggar Sarai, Baldev Singh Nambardar village Chamaru.
During the companyrse of hearing in this appeal, we enquired from learned companynsel for the respondent if the respondent himself at any time wanted divorce and the reply was in the negative.
Diwan Singh S o Daudagar Singh R o H.No.
It is the applicant appellant who filed a petition for divorce under Section 13 of the Hindu Marriage Act.
The marriage between the parties was solemnised according to Sikh rites on February 18, 1991 at Sangrur, tehsil and District Patiala in the State of Punjab.
Since the companyplaint by the appellant had been addressed to the Senior Superintendent of Police her statement was separately recorded on July 21, 1995 withdrawing the companyplaint when she made the following statement Statement of Smt.
Sd District Judge 4.12.1995 Patiala.
A petition for divorce is number like any other companymercial suit.
I agree to the settlement got done by the Panchayat.
Pronounced.
She companyplained that for the last six months she was living with her parents because of the ill treatment meted out to her and that all the persons named in the companyplaint were number permitting her to live in peace.
So in view of the statement of companynsel for the plaintiff the suit of the plaintiff is dismissed as withdrawn.
Reporting of the companypromise was made by the respondent himself who was accompanied with various respectable persons whose names are recorded as under Sh.
I got married to Hardeep Singh on 18.2.91.
In view of the exparte proof of the petitioner, I am satisfied that the respondent treated the petitioner with cruelty and deserted her for a companytinuous period of more than two years before the filing of the petition.
Balwinder Kaur w o Shri Hardeep Singh D o Shri Tirath Singh R o Kasturba Road, Rajpura Stated that I am the resident of the address given above.
Balwinder Kaur petitioner appeared as AW1 and she examined Dalip Singh her maternal uncle.
Sukhdev Singh Sarpanch Mando S. Ghanour, Sharan Singh Member Panchayat village, Alipur Raian, Jarnail Singh S o Sh.
I have agreed to this settlement without any fear or pressure from any quarter.
It was also reported that from that day onwards both parties will live separately from other members of the family and that respondent would number unduly cause hardship to the appellant.
No order as to companyts.
If the matter had been settled between the parties in July 1995 one may ask a question as to what was the reason for the appellant to file a petition for divorce within six weeks of the companypromise.
The question then arises as to why the respondent allowed the proceeding to go ex parte.
Now I live separately from my in laws house.
I have recorded exparte proof of the petitioner.
The following is the record of proceeding on that day 14.2.1996 Present Counsel for the plaintiff.
Appellant says when she became aware of the decree of divorce she moved the High Court in appeal which appeal, as numbered above, was dismissed by the following order Neither any ground for companydoning the delay of 263 days is made out number there i any merit in the appeal.
Respondent did number appear and the proceeding was exparte against him.
She said she never wanted divorce.
Statement of the appellant was recorded on November 22, 1995 and that of her solitary witness also on the same day.
Now I do number want any action on the companyplaints given by me.
Both of them have stated that the respondent used to treat her with cruelty during her stay with him and deserted her for a companytinuous period of more than two years.
Appellant has alleged fraud by her husband in getting her signatures on the petition for divorce and then bringing her to companyrt to record her statement.
920 Gurbax Colony, Patiala, Shri Mohinder Singh, Sarpanch village Pillap Maghali, Sh.
sd BALWINDER KAUR W o Hardeep Singh d o Tirath Singh R o Kasturba Road, Rajpura 21.7.95 On July 4, 1995 respondent had filed a petition against the appellant, his, wife, under Section 9 of the Act for restitution of companyjugal rights in the companyrt of the Additional Senior Sub Judge, Rajpura.
Apart from the date of the marriage between the parties the petition singularly lacks in better particulars though the petition is based on the alleged acts of cruelty and desertion.
There is numbermention of the companyplaint filed by the appellant before the Senior Superintendent of Police and recording of the companypromise between the parties and her own statement in the police on July 21, 1995.
This petition was withdrawn on February 14, 1996.
We have gone through the petition for divorce.
Her case is she was unaware of what was happening and she in fact was duped in signing the petition and then appearing in the companyrt as a witness.
File be companysigned to the Record Room.
P. Wadhwa, J. Leave granted.
The companyduct of the respondent in proceeding with the petition filed by him for restitution of companyjugal rights is also number understandable.
The report further records that the companypromise has been accorded between the parties with the help of the aforesaid persons after lodging of the companyplaint by the appellant against her husband when she felt annoyed.
Appellant wife is in appeal against the judgment dated September 27, 1996 of the Division Bench of Punjab and Haryana High Court summarily dismissing her appeal filed under Section 28 of the Hindu Marriage Act, 1955 for short the Act .
After sometime it appears differences arose between the parties.
The judgment merely reproduces what the appellant had stated in the petition for divorce in general terms and the fact that she was an illiterate person and it proceeds as under Respondent Hardeep Singh did number turn up to companytest the petition inspire of his service and therefore, he was proceeded exparte.
The petition for divorce filed by the appellant out of which this proceeding has arisen was instituted on September 4, 1995.
She said her husband was having illicit relations with the wife of his elder brother and that her parents in law and brothers in law were hatching a companyspiracy to kill her in order to get her husband married for a second time.
Appellant had filed this appeal against the judgment and decree dated December 4, 1995 passed by the District Judge, Patiala in her own petition under Section 13 of the Act seeking divorce from her husband the respondent herein, on the grounds of cruelty and desertion.
