The central legal point established in the judgment is the grounds for divorce under Section 13 of the Hindu Marriage Act, 1955, based on evidence of cruelty and the breakdown of the marriage beyond repair.

JUDGMENT

Manjari Nehru Kaul. J. - The instant appeal has been preferred by the wife - Poonam, impugning the judgment and decree dated 08th December, 2014, passed by the Ld. District Judge, Family Court, Gurgaon (hereinafter referred to as 'Ld. Family Court'), vide which the petition filed by the respondent-husband/Bhupender, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), 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.

3. The marriage between the parties was solemnized on 09th March, 1996 at village Bodia Kawalpur, District Rewari, as per Hindu rites and rituals. A daughter and a son were born out of the wedlock on 29th December, 1996 and 14th December, 1997, respectively. The behaviour of the wife towards the husband was unbecoming of a spouse right from the beginning of their marriage. The wife pressurized the husband to live separately from his parents. Since the husband refused, the wife left the matrimonial home and deserted him. Despite earnest efforts and repeated requests of the husband, the wife refused to return to the matrimonial fold. In order to salvage his marriage, the husband shifted from the village to a separate accommodation in Sector 10-A, Gurgaon in the year 2001 and lived there till 2003. However, this arrangement did little to help matters as the behaviour of the wife worsened with the passage of time. The uncalled for behaviour of the wife had an adverse impact on the children as well and ruined the atmosphere in the house. Finally, in the year 2009, the husband along with the children shifted to another flat in Gurgaon itself, while the wife stayed behind in the flat which had been taken on rent by the husband from a friend. The wife instituted false and frivolous cases against the husband including an FIR under Section 323, 452 and 506 IPC, as a result, the husband was restrained from entering the house where she was living. He still tried to reason out with her and provide for her. Despite this, she instituted a petition under Section 125 Cr.P.C. and filed a false complaint under Sections 498-A, 406 IPC against him, but the allegations contained therein were found to be false. She, thereafter, instituted a case under the Domestic Violence Act and a criminal complaint under Section 498-A, 406, 506, 323, 307, 494, 468, 471 IPC, which was still pending. A complaint too was made before the Women's Cell, Delhi. In July, 2010, when the husband contested the elections for Zila Parishad, the wife deliberately contested against him. During the campaigning for the said elections, she along with her family indulged in negative campaigning with the sole intention of harassing him. Due to the ugly scenes created by the wife, the children also refused to interact with her and felt scared going to their school, as she would create ugly scenes there as well. Resultantly, they had to be shifted to Boarding schools in order to keep them away from all the unpleasantness which the wife would create. Hence, the husband filed the petition before the Ld. Family Court for dissolution of their marriage under Section 13 of the Act.

4. Per contra, the appellant-wife (respondent therein) categorically refuted and denied the allegations of the husband, in her written statement filed before the Ld. Family Court. She inter alia submitted that in fact it was the husband who was abusive and violent towards her making it difficult for her to live with him. The husband would make demands of dowry from her and her family even though he and his family were well provided for and owned considerable property. It was claimed that in a Panchayat which had been convened, the husband and his family admitted to their wrong doings and it was only in pursuance of the agreement arrived at between the parties, they had shifted to a separate accommodation in Ju