In matrimonial disputes, cruelty must be evaluated based on the totality of conduct rather than strict evidentiary requirements. Reckless, unsubstantiated allegations of infidelity in pleadings constitute mental cruelty, and a prolonged, unexplained separation without efforts to reconcile effectively signals an irretrievable breakdown of the marriage.

Order :

Arun Monga, J.

1. Appellant-wife is before this Court assailing the judgment and decree dated 05.09.2024 passed by learned Family Court, Sardarshahar, District Churu vide which her petition under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as the “Act of 1955”) seeking dissolution of marriage was rejected.

2. Brief facts first. The marriage between the appellant and the respondent was solemnized on 25.12.2009 as per Hindu rites at Churu. From the wedlock, a female child, Abhilasha, now aged about 7 years, was born and is in the custody of the appellant.

2.1 The appellant alleged that soon after marriage, she was subjected to cruelty by the respondent and his family members, who were dissatisfied with the dowry brought by her. She contended that she was harassed, physically assaulted and humiliated on account of such demands. Being employed in the BSF, she was further pressurized to resign from her job and was subjected to false and baseless allegations of extramarital affairs. It was also alleged that the respondent used to take her salary and spend it on liquor and other vices, while additionally demanding a house in a posh locality and a sum of Rs.10,00,000/-.

2.2 It was further averred that the respondent was of criminal disposition and had remained in custody in connection with FIR No. 117/2013 registered at Police Station Bhanipura. The appellant alleged that on 26.03.2014, she was forcibly driven out of the matrimonial home by the respondent and his family members while reiterating their unlawful demands, and since then, she has been living separately. On these grounds, she filed a divorce petition seeking dissolution of marriage.

2.3 Upon notice, the respondent filed his reply denying the allegations and asserting that it was the appellant who had withdrawn from the matrimonial relationship without any reasonable cause. He alleged that after joining service in the BSF, the appellant became involved in extra-marital affair and levelled false accusations against him. The learned Family Court, after framing issues and appreciating the oral and documentary evidence on record, dismissed the divorce petition vide judgment and decree dated 05.09.2024.

2.4 Hence, this instant appeal.

3. Learned counsel for the appellant argues that the impugned judgment decree dated 05.09.2024 is wholly illegal, perverse, and contrary to settled principles of law, as the learned trial court failed to properly appreciate the material facts and evidence available on record. It is argued that despite clear pleadings and supporting evidence establishing respondent’s cruelty and desertion, the trial court erroneously dismissed the petition, rendering the impugned judgment liable to be set aside.

3.1 Learned counsel for the appellant submits that the fact of continuous separation since 2014 stands admitted by both parties, and therefore the finding of the trial court negating desertion is manifestly erroneous, as such prolonged and unjustified separation clearly establishes desertion on the part of the respondent; it is further contended that the appellant has duly proved multiple instances of cruelty through oral as well as documentary evidence, including chats demonstrating harassment, dowry demands, and baseless allegations of extramarital affairs, and that such reckless and unsubstantiated allegations amount to mental cruelty, however, the trial court gravely er