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2021 Supreme(P&H) 1452
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ritu Bahri, Archana Puri, JJ.
Nidhi - Appellant
Versus
Rajat Dudeja - Respondent
FAO-5800-2019 (O&M)
Decided On : 18-08-2021
Mr. Saurabh Dalal, Advocate, for the Appellant, Mr. Ajay Jain, Advocate, for the Respondent.
Making false complaints against a spouse and leaving the matrimonial home without making any effort to meet the minor child amounts to mental cruelty.
Headnote:
Hindu Marriage Act, 1955 - Section 13 - The husband filed a petition under Section 13 of the Hindu Marriage Act seeking divorce on the ground of cruelty. The court examined the evidence and found that the wife had made false complaints against the husband and his family members, and had left the matrimonial home without making any effort to meet her minor daughter. The court granted the divorce on the ground of cruelty.
Fact of the Case:
A husband filed a petition seeking divorce from his wife on the ground of cruelty. The family court granted the divorce, and the wife appealed against the judgment. The wife alleged that the allegations of cruelty were false and frivolous. The court examined the evidence and found that the wife had made false complaints against the husband and his family members. The court also found that the wife had left the matrimonial home and had not made any effort to meet her minor daughter. The court concluded that the husband had been subjected to mental cruelty and granted the divorce.
Finding of the Court:
The court examined the evidence led by both parties and found that the wife had made false complaints against the husband and his family members. The court also considered the fact that the wife had left the matrimonial home and had not made any effort to meet her minor daughter. Based on these findings, the court concluded that the husband had been subjected to mental cruelty.
Ratio Decidendi: The court held that making false complaints against a spouse and leaving the matrimonial home without making any effort to meet the minor child amounted to mental cruelty. The court granted the divorce on the ground of cruelty.
Result: The appeal filed by the wife was dismissed, and the divorce granted by the family court was upheld.
ORDER
Ritu Bahri, J. (oral). - A petition under Section 13 of the Hindu Marriage Act, 1955 was filed by Rajat Dudeja-husband seeking dissolution of his marriage with Nidhi (appellant herein). The family Court, Hisar, allowed the petition vide judgment and decree dated 27.08.2019 and granted divorce to Rajat Dudeja on the ground of cruelty. Feeling aggrieved with the said judgment, Nidhi-wife has filed the instant appeal.
2. Brief facts of the case are that marriage between the parties was solemnized on 24.04.2012 as per Hindu rites and rituals at Hisar and after the marriage, they cohabited as husband and wife. Out of this wedlock, one female child was born. Presently, the child is staying in the custody of the father.
3. Case of Rajat Dudeja-husband was that appellant (wife) was a hot tempered and spendthrift lady and she never tried to adjust herself in the humble set up of his family. She refused to do any domestic work by saying that she was not meant for doing the household work. She used to treat him and his parents in a very derogatory manner. She used to pick up quarrels on petty matters due to which, he felt humiliated in the eyes of his parents and relatives, but kept silent with the hope that good sense would prevail upon the respondent in the near future, but her behaviour was never changed. Due to cruel behaviour of the respondent, his health had adversely been affected. At the time of marriage, weight of the husband (respondent herein) was 74 Kgs, however, after the marriage, his weight had drastically fallen down to 53 Kgs.
4. After the marriage, Raj at Dudeja along with appellant-wife went Kerala for honeymoon on 28.04.2012 and returned on 04.05.2012. Thereafter, on 05.05.2012, he along with his wife and parents went to Vrindavan and spent huge amount for her happiness. Prior to marriage, Nidhi was working as M.Sc. Teacher in a School, but she left her services in March, 2012. After marriage, she was continuously working since February, 2014. She had also completed her B.Ed. Presently, she is working as M.Sc, B.Ed. Teacher in Siddharth International School, Dabra Road, Hisar since April, 2016 and drawing salary of more than Rs.35,000/- per month. Despite this, she also demanded money and jewellery from him. Due to strained relations, her father is not residing with her mother for the last more than seven years. Her father never gave money to his wife or to his children, including the appellant. Marriage of the parties was solemnized in a very simple manner. There was no demand of dowry. Mother of Nidhi had strained relations with her relatives. She stated that she has no money to give dowry articles. She gave Rs.5 lakhs to the father of Rajat Dudeja for making arrangements of the marriage at Hotel Grace. After marriage, amount of Rs.2,05,000/-, which was not spent, was duly returned by the father of Rajat Dudeja to the mother of Nidhi. Father of Rajat Dudeja is a retired Professor from CCS. Haryana Agriculture University, Hisar. Rajat Dudeja is physically handicapped with 50% hearing loss and using hearing aid. This fact was disclosed to the appellant (Nidhi) and thereafter, the marriage was settled. Nidhi and her mother had stated that her father was working as Engineer in JCT Mill, Faridabad. However, after marriage, they came to know that no such mill existed in Faridabad. In fact, Shri T.R. Dhawan, father of Nidhi, had been residing in Kirpal Ashram, Delhi after separation from his family members since long. Mother of Nidhi was not having good terms with him. The engagement ceremony was performed on 30.03.2012. Thereafter, mother of Nidhi pressurized them to perform early marriage by saying that she was suffering from cancer and might not survive, if they are not married. In this background, the marriage was solemnized in a very simple way and after the marriage, family members of Rajat Dudeja arranged reception in Gymkhana Club on 25.04.2012. In this reception, mother of Nidhi did not call any of her relatives
