The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.

JUDGMENT :

S. B. PD. SINGH, J.

1. Heard the parties.

2. The appellant-wife (Arpana Kumari) has come up in this appeal against judgment and decree dated 01.08.2022 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 1298 of 2017, whereby the petition filed by the respondent-husband (Shyam Kishore Kumar) under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed and divorce stands granted.

3. Succinctly, the marriage of appellant- Arpana Kumari was solemnized with respondent- Shyam Kishore Kumar on 11^th January, 2016 as per Hindu rites and ceremonies. The marriage was never consummated since the appellant always denied to cohabit with the respondent.

4. The pleaded case of respondent-husband in his petition filed under Section 13 (i-a) of the 1955 Act is that respondent-husband is a Doctor and is working as Senior Resident Doctor in Microbiology Department at Maulana Azad Medical College, New Delhi. The marriage was fixed after negotiation between the appellant’s grandfather and respondent’s friend Dr. Kaushalendra. The marriage with the appellant was ideal one and there was no exchange of dowry and the same had taken place at Shyam Mandir Community Hall, Bazar Samiti, Patna. After marriage, the appellant went along with respondent to his native village- Parsi, District – Nalanda and stayed there for three days, but during this period the appellant refused cohabitation with the respondent. When the respondent asked for the reason, the appellant said that firstly, she wants to make understanding with respondent. On 18.02.2016, the respondent came to New Delhi along with the appellant and started living as husband and wife but again the appellant refused to cohabit with the respondent. The behavior of the appellant towards the respondent and other in-laws family members was very rude and inappropriate and kept using abusive language and insulting the respondent and his family members. The appellant also started pressurizing the respondent and in-laws to buy a flat in New Delhi. The respondent made every effort to convince the appellant to change her behavior and cooperate in leading a happy married life but the appellant kept pressuring that she would not do as the respondent said. Three months have passed, still the appellant did not agree to have marital relationship with the respondent. The appellant did not want to live with her husband and was not interested in having cordial relation with them. She always wanted to live with her husband separately from her in-laws. Therefore, she started creating disputes as per the instructions of her parents and threatened the respondent and his family that she would involve them in false criminal cases of harassment and dowry. The respondent always tried to make happy married life and fulfill all the demands of the appellant but she kept pressurizing the respondent to live separately from his old parents. The appellant used to wake-up late in morning and does not make breakfast for respondent. The appellant never respected the respondent and her in-laws family members. The appellant was suffering from Adenomyosis. The respondent made a lot of efforts for her treatment, but all efforts failed. Ultimately, on 27.01.2017, appellant left her in-laws’ house along with all her Stridhan and went to her maternal home. Thereafter, the respondent went to the appellant parent’s house and met their family and asked her to go with him, but they did not agree to do so. The appellant and her family members always insulted an