The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

JUDGMENT (Oral)

Suresh Kumar Kait, J.

1. The appeal has been preferred on behalf of the appellant/wife against the judgment dated 11.11.2021 passed by the Ld. Principal Judge, Family Courts, South West District, New Delhi vide which respondent/husband's petition u/s 13 (1)(i -a) of Hindu Marriage Act, 1955 for divorce on the ground of cruelty has been allowed and marriage between the appellant and respondent dissolved.

2. The facts in brief are that parties to the present Appeal got married on 24.11.2012 according Hindu rites & customs. There is no child from the said wedlock. The appellant left the matrimonial home on 19.02.2014 and is residing separately since then.

3. The respondent/husband in his petition for divorce asserted that the Appellant herein subjected him and his family members to various acts of cruelty elucidated as under:

(i) On the first night of marriage, the appellant bolted the respondent inside the room and she remained out throughout the night. The appellant was not interested in establishing sexual relations with him.

(ii) The appellant refused to prepare food and do household work and raised quarrels in the evening when the respondent returned home.

(iii) She frequently visited her parental home without informing the respondent and his family members.

(iv) She threatened to commit suicide and implicate the respondent and his family in false cases. On 21.02.2014, she falsely implicated the respondent and his brother in a rape case vide FIR No. 114/14 at P.S. Dabri, in which they have been acquitted. She had filed another case of Domestic Violence to further harass the respondent and his family.

(v) The behaviour of the appellant towards the respondent was very cruel and she harassed him often, picked up fights and physically abused him. She further threatened to mix poison in the food and kill the respondent and his family members.

4. In her Reply/Written Statement, the appellant/wife alleged that the respondent and his family were greedy in nature and harassed her for insufficient dowry and subjected her to cruelty. She further stated that her mother in law took all her jewellery on the pretext of keeping them in safe custody.

5. The appellant alleged various acts of cruelty, namely:

(i) The appellant despite being handicapped was made to do all household work, and was treated like a servant of the house by the respondent and his family members;

(ii) The respondent never performed his matrimonial obligation towards the appellant and did not give her the status of his legally wedded wife;

(iii) That on 17.02.2014, the brother in law of the Appellant entered into her room at around 7:30 am and committed rape on her. Thereafter, she was locked in the room and threatened with dire consequences upon disclosure of the said incident to anyone;

(iv) The appellant/wife asserted that the respondent and his family members used to taunt the respondent for being handicapped and for bringing insufficient dowry which caused her mental, physical and emotional cruelty.

(v) The appellant was subjected to merciless beatings on account of non- fulfilment of demands, by the respondent and other family members. On 19.02.2014, the Appellant suffered fractures in her lower jaw for which she underwent prolonged treatment at various Government Hospitals.

(vi) On the night of 04.06.2013, the appellant was beaten up by the respondent mercilessly with fist blows and kicks, and an attempt was made to forcefully make her drink urine. On the next morning, when the father of Appellant came to take her back to her parental home, he was also abused and misbehaved with. A Panchayat was called on 15.12.2013 by the father of appellant, but they got no proper response from the respondent and his family members. In the month of January, a Notice was sent by the respondent and on 02.02.2014, a meeting was organised in the house of appellant where the respondent and his family members apologized for his misconduct and acts of cruelty and the responde