Deliberate conduct causing mental agony and torture can constitute cruelty under the Hindu Marriage Act, justifying dissolution of marriage.

JUDGMENT

Manjari Nehru Kaul, J. - The instant appeal has been preferred by the wife Shivani Rathi, whereby, she has impugned the judgment and decree dated 28th February, 2018, passed by the Ld. Additional Principal Judge, Family Court, Gurugram (hereinafter referred to as 'Ld. Family Court'), vide which the petition filed by the respondent-husband/Achal Maheshwari, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), seeking dissolution of his marriage with the appellant-wife on the ground of cruelty, was allowed.

2. A few facts necessary for adjudication of the instant appeal, as pleaded in the petition filed by the respondent-husband (petitioner therein) before the Ld. Family Court, may be noticed. The marriage between the parties was solemnized on 19th April, 2014. No child was born out of the said wedlock. It was a simple marriage sans any dowry. Right from the beginning of their marriage, it was alleged by the husband that behaviour and the attitude of the wife was highly unbecoming and harsh towards him and his family in as much as during their honeymoon from 21.04.2014 to 25.04.2014, she avoided the respondent and intentionally refused to have conjugal relations with him. On 30th April, 2014, the appellant-wife tried to kill the respondent-husband and his family, but they managed to save themselves. The respondent-husband pleaded that the wife was having a love affair with one Vibhor Gupta qua which there was enough documentary evidence in the form of messages and e-mails to support the same. Said Vibhor Gupta along with parents of the wife would interfere in the matrimonial life of the parties. On 16th November, 2014, the wife in connivance with Vibhor Gupta and her parents left the company of the respondent-husband in his absence, but not before taking along with her all her jewellery, clothes and other valuables. The cruel and hostile behaviour meted out to him by the appellant-wife led the respondent-husband to slip into depression. Despite his earnest efforts to save his marriage, he was unsuccessful. Hence, he prayed for dissolution of his marriage.

3. On the contrary, the appellant-wife (respondent therein) refuted and denied the allegations of the respondent-husband, in her written statement filed before the Ld. Family Court. She inter alia alleged that there had been repeated dowry demands as well as demand of a car and cash by the husband and his family. As she was unable to fulfill their demands, she was physically and mentally abused and harassed by the respondent-husband and his family. Resultantly, an FIR dated 29th September, 2015 was lodged against the husband and his family at Saharanpur. She alleged that all the gifts and jewellery received by her at the time of marriage were still in the possession of her mother-in-law. She submitted that despite discharging all her matrimonial duties and obligations sincerely, the respondent-husband and his family remained dis-satisfied. She categorically denied the allegations of illicit relations with Vibhor Gupta as being totally false.

4. From the pleadings of the parties, the following issues were framed by the Ld. Court below:-

"1. Whether the petitioner is entitled for a decree of divorce on the grounds as mentioned in the petition ? OPP

2. Relief."

5. Both the parties adduced evidence in support of their respective stands before the Ld. Family Court. The respondent-husband himself stepped into the witness-box as PW1, while, the appellant-wife examined herself as RW-1.

6. After analyzing the evidence led by the parties and also the material on record, the Ld. Family Court allowed the petition filed by the husband and dissolved the marriage between the parties under Section 13(1)(ia) of the Act on the ground of cruelty.

7. We have heard learned counsel for the parties and have also gone through the evidence and other material on record.

8. The parties were directed to remain present before this Court vide order dated 12.11.201