False allegations and prolonged separation can constitute mental cruelty, justifying a decree of divorce under the Hindu Marriage Act, prioritizing the sanctity of marriage and mental well-being.

ORDER :

(Per Hon. Anand Sharma, J.)

1. This appeal under Section 28 of the HINDU MARRIAGE ACT , 1955 has been filed by the appellant-wife against the judgment and decree dated 17.12.2007 passed by District Judge, Bundi, whereby the application under Section 13 of the Act of 1955 filed by the respondent-husband has been allowed and a decree of divorce has been granted in his favour.

2. Brief facts of the instant appeal giving rise to the dispute are that the respondent-husband filed an application under Section 13 of the Act of 1955 before the learned Court below contending therein that the marriage of appellant-wife and respondent- husband took place in the year 1998 in accordance with Hindu rites and ceremonies. Soon after marriage, on request of appellant-wife she was allowed to manage the bangle shop of the father of the respondent-husband, however, she started siphoning the money from the shop and after taking out money, she used to give the same to her father. In May, 1999 she made a complaint with regard to severe ache in her stomach and for treatment she went to her parent's place. The respondent-husband was informed that there was cyst in her stomach which has been removed by way of surgery.

3. It was further stated by the respondent-husband that for last 2-3 years or more, the appellant-wife has withdrawn herself from co-habitation of respondent-husband. Appellant-wife lodged one false case in Bundi Court on 17.11.2005 and an allegation was also levelled by her that parents of respondent-husband had made her barren after removal of her uterus, whereas the correct facts are that the appellant-wife was got admitted in hospital by her own father.

4. It was also contended in the application the appellant-wife attempted to commit suicide twice and regular threats in this regard were given by the appellant-wife to the respondent- husband. It was also averred that for no reasonable cause, appellant-wife has deserted respondent-husband and she has caused severe mental trauma to the respondent-husband on account of her cruel behaviour. He prayed for granting a decree of divorce on the ground of cruelty and desertion.

5. On receiving notice of the divorce petition, the appellant-wife filed a reply to the application in which she categorically denied all the allegations and levelled counter-allegations of committing cruelty with her. It was stated in the reply by the appellant-wife that respondent-husband and his family were in greed of dowry and after snatching all her money, clothes, ornaments and streedhan she was thrown out of her matrimonial home. They used to taunt her on account of not conceiving and the real intention of the husband was to re-marry with some other lady.

6. It was also contended in the reply that feeling aggrieved by the cruelty, she lodged criminal case against the respondent- husband and his parents, who were arrested and remained in judicial custody, therefore, the application for divorce has been moved in a revengeful manner, whereas she wanted to continue the martial tie. She prayed for dismissing the application filed by the respondent-husband under Section 13 of the Act of 1955.

7. On the basis of pleadings of the parties as many as three issues were framed, out of which issue No.1 was with regard to cruelty and issue No.2 was in respect of desertion.

8. Respondent-husband gave his own testimony as AW-1 and also produced AW-2 Durga Shanker, AW-3 Kaushalya, AW-4 Radha Kishan and AW-5 Abdul Gaffar, whereas in-counter the appellant- wife produced herself as NAW-1 and also got examin