Desertion and mental cruelty in divorce proceedings require substantiation of claims; unproven allegations can constitute mental cruelty.

JUDGMENT :

Tarlok Singh Chauhan J.

1. The husband/respondent’s petition seeking decree of divorce against wife/appellant on the ground of desertion and mental cruelty has been allowed by the learned Court below and aggrieved thereby, the wife/appellant has filed the instant appeal.

2. The respondent approached the learned Court below with a petition under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 (in short, the Act) seeking decree of divorce against the appellant. It was averred that marriage between the parties was solemnized on 19.02.1992 according to Hindu Rites. After the marriage, the parties co-habited as husband and wife and the marriage was duly consummated. Out of the wedlock, a son was born and at the time of filing the petition, he was residing with the appellant.

3. It was further averred that the appellant had lived with the respondent for hardly 15-20 days after the marriage, whereafter, she stated that she did not want to live in the house of the respondent. The respondent being employed with Armed Forces had to leave on account of the exigency of his job. However, when he was away, the brother of the appellant took her away to her parental house. The father of the respondent along with the members of Dhaned Panchayat had gone to the house of the appellant to bring her back but the appellant refused to return.

4. In October, 1992, the respondent came to his native village on leave and went to the parental house of the appellant and asked her to return to matrimonial home. Even though the appellant did come to stay there, but for only 2-3 days and then left the company of the respondent and went back to live at parental house where she continued to live for five years. During this period, she did not come to matrimonial house or join the company of the respondent. When the respondent made efforts to bring back the appellant, he was threatened with dire consequences by the brother of the respondent and baseless complaints regarding demand of dowry, maltreatment etc. were filed by the appellant before the Panchayat, but on inquiry, the same were found to be false.

5. Despite all these humiliations, the respondent once again brought the appellant back to matrimonial home with intervention of the Gram Panchayat, Dhaned and thereafter, the appellant joined the course of Lab. Technician at Dharamshala, the expenses whereof were also borne by the respondent. Later, the appellant came to be appointed as Lab. Technician at PHC, Salauni, which was hardly at a distance of 6 kilometers from Dhaned. However, the appellant did not join the matrimonial house and preferred to commute to her work place from parental house. When the respondent asked her to continue her job while staying at matrimonial house, she refused and rented out an accommodation at Salauni itself. She also wrote false letter to the Army Authorities where the respondent though was employed stating therein that she was unemployed having no source of income.

6. It was further averred that the appellant had never performed matrimonial obligations and had been constantly teasing and taunting the respondent. Her behaviour had caused extreme agony and depression to the respondent who had been undergoing treatment for the same in various hospitals.

7. According to the respondent, he retired from Army on 30.04.2017 and held a retirement function at his village. Though, the appellant did come to the matrimonial home, but left soon after on 05.05.2017 to reside at her parental home at Hamirpur as she was then employed there at Hamirpur. The respondent had tried his level best to bring back the appellant to her matrimonial home, but all in vain. On the other hand, the appellant had been regularly proclaiming that she would not join the company of the respondent.

8. It was specifically pleaded that the appellant had been avoiding the company of the respondent ever since the marriage. Her behaviour had not changed despite the respondent showing patience for a long ti