False and frivolous allegations, including character assassination, can amount to cruelty under Section 13 of the Hindu Marriage Act, 1955.

Rajesh Bindal J. - The wife is in appeal before this court against the judgment and decree dated 25.4.2006, passed by the learned court below, accepting the petition for divorce filed by the respondent-husband on the ground of cruelty.

2. Briefly, the pleaded facts are that marriage of the parties was solemnised according to Sikh rites on 16.10.1987 at Jalandhar. At the time of filing of the petition by the husband, he was employed as Lt. Col. in Indian Army. Giving the details about his family, it was stated that father of the husband was a retired Gazetted Officer from Indian Air Force, younger brother was a Major in Indian Army, who was happily married and the sister was settled abroad after marriage. The mother of the husband was a retired teacher from Central School. Two children were born out of the marriage, namely, the daughter was born in the year 1988, whereas the son was born on 24.12.1997. In between, a son was born on 21.8.1993, who unfortunately died merely 45 days after birth due to illness. Both the children are living with the appellant-wife. Narrating number of incidents ever since the marriage had taken place, prayer for dissolution of marriage on the ground of cruelty was made. In addition to that, divorce was also sought on the ground of desertion, as it was pleaded that the wife had left the company of the husband since September, 1998. The divorce petition was filed on 22.11.2001. The wife is employed as a Teacher in Central School.

3. Reply to the petition was filed by the wife in which the allegations made by the respondent were denied. However, thereafter on account of the fact that the wife had written a complaint to the Chief of the Army Staff regarding the conduct of the husband, which was down marked and comments of the husband were sought thereon. Finding that to be an additional act of cruelty in which inter-alia allegations regarding the character of the husband were levelled, the petition was amended. The amendment was allowed by the learned court below vide order dated 26.8.2002. Thereafter, amended written statement and replication were filed.

4. As in the pleadings originally filed, the learned court below had already framed the issues 20.4.2002, after the amendment of the pleadings, additional issue was framed on 26.10.2002. The issues finally framed for determination by the court were as under:

“1) Whether the respondent treated the petitioner with cruelty? OPP 1(a) Whether the respondent has levelled false and frivolous allegations against the petitioner as alleged in para No. 18 (a) of the replication, if so, its effect ?OPP

2) Whether the respondent has deserted the petitioner without any cause for the last more than two years before filing the present petition ? OPP

3) Whether the petition is not maintainable in the present form ? OPR

4) Whether the petitioner has not come to the court with clean hands and have suppressed the material facts from the court ?OPP

5) Relief.

5. In order to prove his case, the respondent-husband examined PW1-Major K.S. Gill, PW2-Sukhbir Singh LDC, PW3-Pardeep Puri, Senior Assistant, PW4-S. M. Marwaha Clerk, PW5-Harjinder Singh, PW6-Gunner Satya Veer Singh, PW7/A-Daljit Kaur, PW8-Parvinderjit Singh, PW9-Gurdip Singh Dhillon, besides appearing himself as PW7. On the other hand, the appellant herself appeared as RW1. Both the parties also led documentary evidence.

6. The learned court below decided issues No. 1 and 1(a) in favour of the respondent-husband, whereas issue No. 2 regarding desertion was decided in favour of the appellant-wife and finally a decree of divorce was passed on 25.4.2006. The wife being aggrieved against the aforesaid judgment and decree is before this court.

7. Learned counsel for the appellant, while taking through the pleadings, submitted that the respondent-husband filed the divorce petition with the allegations against the appellant-wife regarding her behaviour, i.e.,

she was rude, impulsive, erratic and unreasonable. Imm