Behavior amounting to mental cruelty, as defined under Section 13(1)(ia) of the Hindu Marriage Act, can be grounds for divorce.

JUDGMENT :

JYOTI SINGH, J.

1. The present appeal has been filed by the appellant-wife seeking to set aside the judgment and decree dated 18.07.2016 passed by the learned Family Court, whereby the divorce petition filed by the husband, who is the respondent herein, has been allowed and the marriage between the parties has been dissolved on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act (hereinafter referred to as ‘HMA’).

2. The necessary facts are that the respondent is a senior officer in the Indian Air Force and got married to the appellant herein on 29.01.2006 according to Hindu rites and ceremonies at New Delhi. A daughter was born out of this wedlock on 19.11.2008. The respondent had approached the Family Court by filing a petition seeking divorce on grounds of cruelty under Section 13(1)(ia) of the HMA.

3. The respondent had pleaded that the appellant herein was reluctant towards her household duties and careless in her dressing sense which was not expected from the wife of an Air Force Officer. He pleaded that the appellant was very arrogant, stubborn and a self-centered woman, who would get highly irritated on minor issues. According to him, she would abuse the respondent and his parents and would even get physically violent and had in fact hit him on a number of occasions even on account of minor disagreements. He pleaded that the appellant would do horrendous acts so as to cause embarrassment to him amongst his colleagues and staff members. The appellant would throw utensils and hurt herself by breaking glass panes of the doors and windows. It was pleaded that even the parents of the appellant did not intervene, despite requests to resolve the issues. The appellant even threatened the respondent to falsely implicate him and his parents in dowry cases in case he did not succumb to her illegitimate demands.

4. It was alleged by the respondent that the appellant would often fight with him till late hours in the night and not allow him to have proper sleep which effected the discharge of his tough and onerous duties, as he was a fighter Pilot with IAF. As per the respondent, the appellant even threatened to commit suicide if he did not pay heed to her demands. In fact on several occasions, the appellant would lock herself in a room or would leave the house in the late evenings, without informing him. The respondent claimed that on one occasion, he was shocked when he discovered an undated “suicide note” written by the appellant and the contents of which blamed the respondent for the miseries in her life. This according to the respondent had immensely disturbed him and adversely effected the performance of his duties thereafter. The respondent also alleged that the appellant had even concealed from him that she had undergone a psychiatric treatment prior to the marriage and even after this revelation, the line of treatment was not disclosed.

5. The respondent further pleaded that all his efforts to normalize the relationship, more particularly, after the appellant conceived in February 2008, remained futile. In May 2008, the respondent left the appellant at her parental house as desired by her and thereafter, she refused to return to the matrimonial home when he and his parents went to bring her back. He pleaded that even when the child was born on 19.11.2008, he was not informed of the same. He thus prayed that the marriage be dissolved between the parties.

6. The appellant filed her written statement and denied all the allegations levelled against her. According to her pleadings, it was the respondent’s family, who was never happy with this alliance and they did not even celebrate any function or perform any customary ceremony, during the first year of the marriage. She never received any companionship, social or financial security and was ill-treated by the respondent and his parents.

7. According to the appellant, the respondent time and again threatened to divorce her and even asked her sisters to persua