The court determined that sustained mental cruelty, evidenced by the respondent's ongoing neglect and abandonment of matrimonial obligations, justified the dissolution of marriage under the Hindu Marriage Act.

ORDER :

1. Appellant-wife is before this Court, being aggrieved against the judgment and decree dated 20.08.2024 rendered by learned Family Court, Pokaran in Family Main Case No.13/2022, whereby her petition filed under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the ground of cruelty, was dismissed.

2. Succinctly speaking, the relevant facts of the case for the purpose of adjudication of instant appeal, shorn of the unnecessary details, are as follows:-

2.1. That the appellant was married to the respondent on 29.06.2018 as per Hindu rites, including the Aata-Sata ritual. However, after some time, the respondent and his family members subjected the appellant to mental and physical cruelty on account of unlawful dowry demands.

2.2. It is further submitted that on 17.02.2021, the appellant gave birth to a female child, whereafter the respondent and his family members intensified the cruelty and harassment solely on the ground that a daughter was born. Despite repeated efforts of mediation by the appellant’s family and community elders, the respondent and his family refused to accept the child and openly declared their intention that the respondent would remarry for the birth of a son.

2.3. That due to continuous cruelty, dowry harassment, and concealment of material facts prior to marriage, the appellant was constrained to lodge a criminal complaint, pursuant to which a charge-sheet was filed against the respondent and his family members under Sections 498-A, 406, 323 and 34 IPC.

2.4. As all attempts at reconciliation failed, the appellant filed a petition for dissolution of marriage on the ground of cruelty. Despite the material on record, the learned Family Court dismissed the petition vide order dated 20.08.2024, which has resulted in grave miscarriage of justice.

2.5. Hence, the instant appeal.

3. Heard learned counsel for the appellant and perused the case filed.

4. Notice was duly issued to the respondent–husband. Pursuant thereto, the respondent initially engaged counsel and entered appearance. The matter was thereafter referred to the Mediation Centre of this Court; however, the respondent deliberately chose not to participate in the mediation proceedings.

5. Subsequently, it became evident that the respondent had consciously abandoned his defence before this Court and willfully refrained from appearing either in person or through counsel. In these circumstances, by order dated 13.01.2026, the respondent was proceeded against ex-parte.

6. It further emerges that the respondent has not only abandoned the proceedings before this Court, but has also consistently deserted his defence in the entire spectrum of litigation arising out of the matrimonial dispute between the parties, including proceedings before the learned Family Court and the Court of the learned Additional Chief Judicial Magistrate under Section 125 of the Code of Criminal Procedure, as well as other connected matters, the details whereof are set out in the appeal. For ready reference same are as under:-

I. Criminal Misc. Case No. 510/2024 Smt. Khushboo Vs. Manoharlal & Ors. Pending u/s 125 (3) of CrPC at Court of ACJM, Pokaran District Jaisalmer.

II. Criminal Misc. Case No. 105/2022 Smt. Khushboo Vs. Manoharlal & Ors. Pending under the provisions of Domestic Voilence Act at Court of ACJM, Pokaran, District Jaisalmer.

III. Criminal Misc. Case No. 106/2022 Smt. Khushboo & Anr Vs. Manoharlal & Ors. Pending under section 23 Domestic Voilence Act, 2005 for interim relief, maintenance at Cou