JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with judgment dated 14.8.2019, passed by the learned District Judge, (Family Court) Shimla, District Shimla in HMA Petition No. 5-S/3 of 2019/14, whereby petition filed under Section 13 (1) (i-a) of the Hindu Marriage Act (herein after referred to as “the Act”), praying therein for decree of divorce by way of dissolution of marriage on the ground of cruelty having been filed by the respondent-husband came to be allowed, appellant-wife has approached this Court in the instant appeal filed under Section 19 of the Family Courts Act read with Section 28 of the Act, praying therein to set-aside the aforesaid judgment.

2. For having bird’s eye view, facts which may be relevant for adjudication of the case at hand are that marriage inter-se parties to the lis was solemnized on 10.5.2005 at village Ani, as per Hindu Rites and ceremonies and out of their wedlock, one daughter named Ms. Swastika was born on 8.3.2006. Though initially, parties to the lis lived together cordially, but subsequently, on account of certain differences, marital relations inter-se them became sour. Father of the respondent-husband was compelled to reside at Chandigarh on account of his employment in a private company and his sister is already married and as such, appellant-wife had to reside in the house of the respondent-husband at Village Ani with her husband i.e. respondent as well as her mother-in-law. Relationship inter-se appellant-wife and mother of the respondent-husband were not very cordial, as a result thereof, relations inter-se appellant-wife and respondent-husband also became strained. Though respondent- husband tried to pacify the appellant-wife, but allegedly she threatened to implicate him as well as mother in law in a false criminal case. Just after seven months of the birth of the daughter of the parties, appellant-wife joined a job as History Lecturer in Village Sarahar, Tehsil Nirmand, District Kullu, Himachal Pradesh, as a result of which, she started residing at Nirmand that too leaving behind her tender age daughter with mother in law at Ani. Respondent-husband resided at Village Ani till February 2009 and thereafter, was transferred to Theog, District Shimla. Daughter of the parties was being looked after by mother in law of the appellant-wife from day one, but yet she never appreciated her mother in law, rather humiliated and insulted her repeatedly. Respondent-husband as well as his mother remained under mental tension and stress on account of allegations/threats leveled/extended by the appellant-wife that she would implicate them in a false criminal case. At one point of time, appellant-wife threatened the respondent-husband as well as his mother (her mother in law) to consume poison and as such, mother in law of the appellant-wife lodged FIR at a concerned Police Station. Besides above, appellant-wife also started claiming/leveling allegations that respondent-husband is having illicit relations with one Pooja Raj, who is known to respondent- husband since his childhood, as a result thereof, respondent-husband suffered great harassment, mental stress and agony. Allegedly, the appellant-wife, her parents and brother repeatedly made telephonic calls on the mobile of the respondent-husband during office hours and late night hours to abuse and threaten him. On 24.6.2014, appellant-wife came to the office of the respondent-husband and started abusing in front of other staff and alleged that he is a womanizer and has caused harassment, mental stress and agony to her. On account of the aforesaid allegations, parties to the lis filed cross cases against each other. Respondent-husband admitted his daughter in Roots Public School Bagi and her entire expenses were being borne by him, but interestingly, one day, appellant-wife visited the hostel of their daughter without informing the respondent-husband and took the daughter to village Sarahar. Since appellant-wife repeatedly compelled