Continuous and sustained behavior causing mental agony and suffering constitutes cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

DEEPA SHARMA, J.

1. The wife/appellant has impugned the order dated 29.01.2018 whereby the marriage between her and her husband/respondent was dissolved by the Family Court vide order dated 29.01.2018, in a divorce petition filed by the husband against her on the ground of cruelty under Section 13 (1) (ia) of Hindu Marriage Act, 1955.

2. The admitted facts are that the marriage was solemnized on 22.02.2007 as per Hindu rites and ceremonies and was duly consummated and a son was born from the wedlock on 22.03.2008.

3. The case of the husband is that due to the conduct of his wife, the marriage could not be consummated for about two months. On the first night of their life together, the wife informed him that he was not her first choice, because of his dark complexion; and because he was much older than her and was not attractive; and refused to establish the relationship of husband and wife with him; and that this act of her caused him a great mental agony and pain. It was only after continuous efforts for two months by him, his mother and other relatives as well as parents of the wife; that she agreed to consummate the marriage. The Husband alleged that she is a short tempered lady of adamant nature and was in the habit of picking up quarrel on petty matters and had never showed any respect towards him and his mother despite the fact that she was given due respect in the matrimonial home. She had even slapped his old aged mother in anger and, on his intervention, slapped him as well. She used to call his mother as Jamadarni and never showed any interest in the household chores. She also used to complain of being uncomfortable and feeling suffocation in living in the matrimonial home in the village as she was used to the city life.

4. In order to save his marriage, he got a government quarter allotted at Jail Colony, Karnal, Haryana and shifted there along with his wife and mother. Despite this, the wife continued to behave in the same manner. She was also in the habit of leaving the matrimonial home and staying at her parental home against his wishes. During her pregnancy, she shifted to her parental home against his wishes. In 2008, under the influence of her mother, she put pressure on him to send her to parental home for attending the marriage of the son of her mother’s friend in Village Turakpur. On refusal, she threatened to commit suicide and even her parents supported her in this endeavor and thereafter she left her matrimonial home against his consent and returned to matrimonial home only after 7-8 days. After about two months of this incident in 2008 when he was away on duty, she after having a fight with his mother and after beating her, turned her out of the house. When he returned from duty, she was audacious enough to tell him that she had thrown his mother out of the house and thereafter threatened him that she would kill his mother if he brought her home. In these circumstances, his mother remained in the house of Mrs. Savitri for three days. He thereafter, complained to his father-in-law. Father-in-law came to his house but instead of telling anything to his daughter, he threatened him with dire consequences and asked him to leave his mother at the village house.

5. The Husband further alleged that, in the year 2008, on the occasion of Bhai Duj, he had gone to his sister Santra Devi’s house in Delhi and when he returned in the evening, he learnt that his wife had treated his mother badly and had not given her any tea since morning. When he confronted her, she started abusing him and said “Teri Maa hai tuhi iske liye khana Bana” and further stated “khud to subah se pata nahi kis aurat ke paas tha, aur is budhiya ko meri chhati par chhod gaya, pata nahi is budhiya se kab chhutkara milega”. She even went to the extent of saying that “Apni us behan ko hi apni aurat Banakar rakh; aur aaj se tera mera koi rishta nahi, aur tu mere liye mar gaya hai”. Thereafter, she broke her bangles. This act of the appellant/wi