The main legal point established in the judgment is that evidence of physical cruelty and desertion, supported by medical documents and testimony, can provide grounds for divorce under Section 13(1)(ia) and (ib) of HMA, 1955.

JUDGMENT (Oral)

Neena Bansal Krishna, J.

1. The present Matrimonial Appeal under Section 19 of the Family Court Act, 1955 has been filed on behalf of the appellant against the judgment and decree dated 24.05.2022, passed by learned Judge Family Court, Patiala House Courts, New Delhi, vide which her petition under Section 13(1)(ia) and (ib) of HMA, 1955 for grant of divorce on the grounds of cruelty and desertion has been dismissed.

2. It was asserted in the divorce petition that the appellant and the respondent got married on 05.02.2013 according to Hindu rites and customs. Parents of the respondent had expired long ago and he was living with his maternal aunt (Mausi) Ms. Kamla and her family. The appellant claimed that soon after the marriage she was subjected to physical and mental torture and various atrocities were meted out to her which she continued to tolerate in the fond hope that with passage of time things would get settled. However, the atrocities of the respondent and the family members increased day by day since their sole aim was to get rid of the appellant so that they could marry of the respondent to some other girl of some affluent family.

3. The appellant further asserted that Surjeet her brother-in-law (devar) forcibly took away her ATM card and withdraw a sum of Rs.5,000/- on 09.02.2013. She was formed to part with money from time to time and when she apprised the maternal aunt Smt. Kamla, she was told to keep quite. The appellant thereafter came to her paternal home on 14.03.2013 along with her elder brother, but was left at her matrimonial home on 22.03.2013. Smt. Kamla had visited their house and on meeting told her that she should bring Rs.1 lakh as the said amount had to be paid to someone. The appellant, however, expressed her inability and after reaching matrimonial home she found the atmosphere totally hostile. A demand of Rs.2 lakhs was also made for opening the electrical appliance shop by the respondent.

4. The appellant became pregnant on 23.03.2013 but was forcibly administered the medicine which resulted in the abortion of the child. Despite her repeated requests, she was not taken to the Doctor, but was abused and humiliated. Finally, she was made walk to Satyam Nursing Home, Katwaria Sarai and without apprising the Doctor of her medical condition some medicines were prescribed along with bed rest, but she was made to work. Because of the physical and mental torture it became impossible for her to continue to live in her matrimonial home. It was also alleged that she had observed the respondent having more inclination towards his sister-in-law (bhabhi) Kanika @ Krishna and he would offer her costly gifts. The suspicion of the appellant turned into a reality when she found the respondent leaving her bed room at odd hours in the night. Whenever she questioned him, he threatened her with dire consequences.

5. On 26.04.2013 the respondent and his family members made a demand of Rs.1 lakh and when the appellant refused to accede to their demand, Smt. Kamla hit her head against the wall by catching her hair. Eventually, the appellant realized that it was not a cultured and respectable family which she had expected and her life was put in eminent danger.

6. On 10.05.2013 Prateek her devar entered into her bed room and tried to have physical relationship and when she inquired from him about the respondent, he retorted that the respondent was with his girlfriend and it was he only who had sent the devar to the room of the appellant. She raised an alarm, on hearing which Smt. Kamla and her son Surjeet came into the bed room and behaved as such incidents were normal. The respondent returned at about 12:30 A.M and threatened the appellant to act as per his dictation or he would not let her live peacefully in her matrimonial home. Thereafter, she was given merciless beatings by the respondent and his family members because of which she suffered injuries and became unconscious. In the morning when s