IN THE COURT OF JAGDEEP KAUR VIRK

PRINCIPAL JUDGE, FAMILY COURT MOGA.

(Unique Identification Code: PB0152)

CIS No HMA/198/16.10.2021
CNR No. PBM00100017122021
Date of Decision: 07.03.2023

Bir Bahadur Magar aged about 39 years s/o Baldev Magar r/o Killi Chahal lehsil & district
Moga.

…………Petitioner

Versus
Dhan Maya Magar age about 36 w/e Bir Bahadur Magar d/o Bhim Bahadur Magar r/o vill-no 3
Santipur , po- Jamuguri Panchali, Dhemja .Now at present Hong Kong (Flat B , 3/F Kwok Chung
House 18-20 Western Street Sai Ying Pun)

………Respodent
Petition under section 3 of the Hindu
Marriage Act for dissolution of marriage by
Decree of divorce on the ground of desertion.

Present: Sh. A. S.Sethi, Advocate for petitioner.

espondent ex- parte.

JUDGMENT
Briefly stated averments of petition are the merge of petitioner
was performed with the respondent on 3 June 2016 through Hindu culture ceremony at Moga
and marriage was solminized with respondent against consent of her parents so they were not
happy with her daughter because parents of respondent did not like petitioner and his family
because of the sincere dissatisfaction with the marriage, which was arranged and enforced against
her will.

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Bir Bahadur Magar Vs. Dhan Maya Magar

with respondent. The Status and place of residence of parties to the present petition
before marriage and at the time of filing of petition was as under:

Place of Residence Status

Petitioner
Before Marriage Killi Chahal Unmarried
After marriage Killi Chahal Married
At the time of filling of Killi Chahal Married
petition
Respondent
Before Marriage Jamuguri Unmarried
Panchali, Dhemja
After marriage Killi Chahal Married
At the time of filling of Jamuguri Married
petition Panchali, Dhemja

2. The petitioner and respondent resided together and cohabited with each other for 1 year. The
parents of respondent usually threated the respondent and the. petitioner in front of the relatives
and friends Respondent left the matrimonial home from September 2016 due to fear of her
parents because respondent love marriage with petitioner and her parents were threating to kill
her living separately from September 2016 and petitioner try petitioner and respondent are to live
co habited many times and requested many times to respondent but respondent always say no
because she was very cowardly lady and always live in fear of her parents.
She left India in May 2018. They never co - habited with each other after that. Two times
panchayat were convened to solve the matter in dispute with parents of respondent but all in vain
Respondent flatly refused to come back to her matrimonial home due to fear of her parents. the
respondent has withdrawn herself from the society of petitioner without any rhyme and reason.
The parents of petitioner arranged panchayat two times but with no effect. There is no ground as
to why the relief claimed should not be granted. The petition is not filed in collusion with the
respondent. There is no improper or unnecessary delay in filing the parties the marriage of parties
was solemnized at Moga. district Moga, hence this Hon'ble court has got jurisdiction to try and
decide the petition. Hence the petition.

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Bir Bahadur Magarvs Dhan Maya Magar
3. Notice to the respondent was between the parties. The marriage of was published in the
Newspaper the Tribune' (English edition) dated 03.06.2016. The respondent failed to appear
either in person or through counsel despite service through publication, thus vide order dated
24.04.2019 respondent was proceeded against exparte.

4. In exparte evidence, petitioner Bir Bahadur Magar examined himself as PW-1. Besides
petitioner examined PW-2 Jaspal Singh (r/o village Bukkan.

and Pw-3 Tajinder Singh (r/o village galib kalan) Thereafter d. counsel for petitioner closed
exparte evidence of petitioner on 07.08.2019.

5. I have heard arguments of learned counsel for petitioner and perused the judicial file.

6. In order to prove averments of petition the petitioner Bir Bahadur Magar examined himself as
his own witness as Pw-1 and vide his affidavit Ex.PW1/A deposed the averments of petition into
Testimony of PW-2 Jaspal Singh vide his affidavit Ex.PW2/A is and PW3 Tajinder Pal Singh
vide his affidavit ExPE3/A is to the similar effect as deposed by PW-1

7. From the evidence led by the petitioner it comes out that the respondent is legally wedded wife
of the petitioner. Both the parties are Hindu and governed by the Hindu Marriage Act.
petitioner/PW-1 has specifically alleged that parents of respondent usually insulted the petitioner
and his parents before the relatives and friends, and They used to quarrel of petty matters. The
respondent withdrawn from the society of petitioner in May 2018 due fear of her parents.
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Bir Bahadur Magar Vs Dhan Maya Magar
Thereafter in May 2018 the respondent left India. The act of respondent would prove that she had
intention to permanent abandon her spouse/ husband i.e., petitioner without his consent and
without any reasonable cause it is a total repudiation of the obligations of marriage the petitioner
has proved the desertion for a continuous period of more that two years immediately proceeding
the date of presentation of petition (present petition being filed on 16.10.2018). The evidence led
by the petitioner has gone unrebutted and unchallenged as the respondent despite service through
publication did not bother to contest the petition and preferred to be proceeded against exparte
there is no reason to disbelieve the evidence led by the petitioner. Thus, it is proved that
respondent treated the petitioner with deserted him due to fear reasonable cause or excuse.

8. In view of the reasons recorded above the petition is exparte decree to the effect that marriage
between the petitioner and respondent stands dissolved by way of decree of divorce under section
13 (1) (i-a)
b) of Hindu Marriage Act w.e.f. 07.08.2019. No order as to costs. Decree sheet prepared.
File be consigned to be record room.

Pronounced. Jagdeep Kaur Virk,

Dated:07.03.2023 Principal Judge, Family Court,
‘Jastinder Singh, STG-III’ Moga.(UID No.PB0152)