Desertion as a ground for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

JUDGMENT (Oral)

1. The appellant Smt. Jasmeet Kaur has preferred the present appeal against the judgment dated 08.01.2020 vide which the Principal Judge, Family Court has granted divorce on the grounds of desertion under Section 13 (1)(ib) of Hindu Marriage Act, 1955.

2. The parties got married on 20.10.2002 at Jungpura Bhogal Gurudwara, Delhi according to Sikh customs and rites. One child Amanpreet was born from the said wedlock on 04.08.2003. The respondent/husband had claimed that it was dowry less marriage and the expenses incurred on the marriage were shared equally between the two families. It is claimed that soon after their honeymoon appellant/wife informed him that it may not be possible for them to live peacefully as she was an adamant, rigid and stubborn kind of lady with scant regard for love, emotions and sentiments. The respondent claimed that the appellant was a quarrelsome lady who was blunt and cruel. She always taunted him and insisted on the respondent's separating from his mother and brother and to live in an independent house as she had no liking for the family members of the respondent. Moreover, she used to frequently visit her mother's house without informing any family member and used to remain there for days together and would not return despite repeated requests. She also failed to discharge her matrimonial obligations and refused to do any household works. Despite all the efforts by the respondent and reasoning with her that it was her duty to take care of the family, she continued to neglect the respondent and his family members.

3. The respondent brought these facts to the notice of the family members of the appellant, but neither they nor appellant was ready to mend her ways. Moreover, the appellant denied matrimonial relation and cohabitations to the respondent. Despite all his efforts, love and affection he was unable to prevail upon her or to convince her to desist from her cruel behaviour.

4. Furthermore, it was claimed that the appellant developed a habit of thrashing the respondent and beating him with whatever object she got in her hand. She threw the articles mindless of the fact that it could result in injury to the respondent or the family members. The situation over a period of time, deteriorated on account of the conduct of the appellant which was being given indulgence by her relatives and especially her brother Manjeet who had many cases pending against him in the Police Station Nizamuddin. He openly threatened and criminally intimidated the respondent as well as his family members with dire consequences in case he or his family members objected or restrained the appellant from doing whatever she felt like doing. On many occasions, the respondent was not allowed by the appellant to sleep in the same room with her forcing him to spend the night outside. Furthermore, he was given to understand that at the time of marriage the father of appellant had expired, but he subsequently came to know that the father was alive at the time of solemnization of marriage. The appellant continued to subvert her behaviour believing that birth of child would improve her behaviour but nothing changed despite even thereafter. She deprived the respondent of showering his love and affection towards the child which caused him immense pain, agony and trauma.

5. In the third week of March, 2007 the appellant hit him with a frying pan because of which he became unconscious. The Doctor was called and the parents of the respondent tried to call the police but the appellant apologized that she would not repeat such conduct in the future and thus no formal complaint was registered.

6. It was claimed that on 12.04.2007 the appellant deserted the matrimonial home. A meeting was held in October, 2007 at Gurudwara Bangla Sahib, where a compromise was arrived that the parties would take divorce by mutual consent and an amount of Rs.1 lakh towards permanent alimony, shall be given to the appellant. Subsequently, t