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2016 Supreme(P&H) 1060

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice M. Jeyapaul
The Hon’ble Mr. Justice Raj Mohan Singh
FAO-M No. 202 of 2011 (O&M)
Harjit Singh
v.
Harpreet Kaur
{Decided on 01/06/2016}

Advocates:
For the Appellant:Mr. S.S. Rangi, Advocate.
For the Respondent:Ms. Amandeep Sibia, Advocate.

Headnote:(A) Hindu Marriage Act, 1955, S.13--Divorce--Cruelty--The allegation of cruelty should not be based on trivial matters, rather such allegations should have the origin in the context of time, place and manner of occurrence--Cruelty should be of such nature in which it is not reasonably expected to live together. (Paras 23 & 24)

       (B) Hindu Marriage Act, 1955, S.13--Divorce--Cruelty--Irritation or mere annoyance may not amount to cruelty; rather it is a spontaneous change of human behavior based on problems of human being. (Para 23)

       (C) Hindu Marriage Act, 1955, S.13--Divorce--Cruelty--Mental pain, agony and suffering as would not make possible for the parties to live with each could come within the broad parameters of mental cruelty--Mere coldness or lack of affection cannot amount to cruelty. (Para 27)

       (D) Hindu Marriage Act, 1955, S.13--Divorce--Desertion--Merely living separately cannot be considered to be a ground to seek divorce on the ground of alleged desertion in absence of animus deserendi. (Para 30)

       

JUDGMENT

Mr. Raj Mohan Singh, J.:- Husband-appellant remained unsuccessful in his endeavour to seek divorce under Section 13 of Hindu Marriage Act before the trial Court who dismissed the petition vide judgment and decree dated 22.04.2011. That is, how, the present appeal came to filed by the husband-appellant.

2. Husband-appellant filed petition under Section 13 of Hindu Marriage Act for dissolution of marriage by decree of divorce, alleging that the marriage was solemnized with the respondent on 26.10.2004 as per Sikh rites and ceremonies. The marriage was consummated but no child took birth from this wedlock. The behaviour of the respondent-wife was not proper towards the husband and his family members. She creating nuisance on petty issues and even she refused to go for honeymoon with the husband, alleging that the marriage was not performed as per her wishes.

3. The cruelty was alleged by the husband as against the wife as she insulted the husband and his parents in the presence of relatives and friends. The husband-appellant used to bear the expenses of the wife as she was visiting Punjabi University for her personal contract programme. The allegation of taking out of a sum of Rs.2500/- from the pocket of the appellant-husband without disclosing anything to the husband was also made against the respondent-wife.

4. Appellant-husband further alleged that on 02.01.2005, the respondent-wife along with her mother went to Mansa against the wishes of the husband and while leaving her matrimonial house, she took away entire gold ornaments and costly items along with her. On 09.01.2005, the husband along with Paramjit Singh went to the house of the respondent-wife for discussing the matter with the father of the respondent regarding her behaviour. The father of the respondent did not give any satisfactory answer and on 16.01.2005, father of the respondent came to the house of the husband and dropped her in the house.

5. It was further alleged that on the same day, in the evening, respondent-wife told the husband-appellant that she was suffering from mental ailment and that is why she was not ready for the marriage and she did not want to live with the husband and wanted to go to Mansa. Threat of committing suicide was also given in the event of non-fulfilment of her desire. Finding no alternative, the husband took the respondentwife to her parental house and narrated the whole story to her parents.

6. The non-disclosure of mental ailment by the respondent and her family members was claimed to be a cruelty on their part. She never did any household work. She did not allow the husband to have his matrimonial right. The mother of the husband was admitted in the Hospital on account of her ailment. The respondent and her family members never visited to see the ailing mother of the appellant.

7. On 23.01.2005. the husband along with his father and other relatives visited the house of the respondent at Mansa and requested the father of the respondent that the appellanthusband was ready to pursue the matter on mutual divorce as the husband did not want to go to the Court. The father of the respondent started giving threats to the husband-appellant and other persons. With this background, petition came to be filed.

8. Upon notice, respondent-wife contested the case on all counts. She denied all the allegations in pith and substance. Respondent claimed that being a highly qualified lady she was leading her matrimonial life by fulfilling all her matrimonial obligations with due care and caution, but it was the appellant and his parents who was bent upon to get rid of her in order to fulfill their lust for dowry. The respondent and her relatives came to see the ailing mother of the husband-appellant, when she was admitted in the hospital, but they were not properly attended by the husband and his relatives.

9. On the very inception of the marriage, the husband was stressing upon the father of the respondent to keep him as ‘Ghar Jawai’, but th
































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