Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 104

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ritu Bahri, Ashok Kumar Verma, JJ.
Rajveer Singh – Appellant
Versus
Gaganjot Kaur – Respondent
FAO-1931 of 2019
Decided On : 09-03-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. Amitabh Tewari, Advocate,
For the Respondent:Mr. Dhruv Gupta, Advocate

The main legal point established in the judgment is that irretrievable breakdown of marriage, desertion, and mental cruelty can be grounds for granting a decree of divorce under the Hindu Marriage Act, 1955.

Headnote:
Divorce - Hindu Marriage Act - 1955 - Sections 12, 13 - Marriage solemnized as per Sikh rites and ceremonies - Marriage not consummated - Allegations of cruelty and desertion - Dismissal of petition for decree of nullity and dissolution of marriage - Appellant sought setting aside of judgment and decree - Court allowed the appeal and granted decree of divorce
Fact of the Case:

The appellant sought setting aside of judgment and decree dated 11.12.2018 passed by the Family Court, Ambala, dismissing his petition under Sections 12 and 13 of the Hindu Marriage Act, 1955 for a decree of nullity and dissolution of marriage on the grounds of cruelty and desertion. The appellant alleged that the marriage was not consummated, and the respondent willfully deserted him without any reasonable cause. The respondent contested the petition, denying the allegations and seeking dismissal of the petition.
Finding of the Court:

The Family Court dismissed the petition, finding that the appellant had failed to prove that the respondent had withdrawn from his society without any sufficient cause with an intention to put the matrimonial relationship to an end permanently. However, the High Court allowed the appeal, setting aside the judgment and decree passed by the Family Court and granting a decree of divorce in favor of the appellant-husband.
Issues: The issues included whether the appellant was entitled to a decree of divorce on the grounds pleaded, whether the petition was maintainable, and the relief sought by the appellant.
Ratio Decidendi: The court found that the marriage had irretrievably broken down, and there was no chance of the parties coming together or living together again. It was observed that the appellant had succeeded in proving desertion on the part of the respondent, who had been unable to prove any reasonable or sufficient cause to withdraw from the company of the appellant. The court also considered the mental cruelty caused by the respondent's conduct, including false complaints and defamatory allegations, and the irreparable breakdown of the marriage.
Final Decision: The appeal was allowed, and the judgment and decree passed by the Family Court were set aside. A decree of divorce was granted in favor of the appellant-husband.

JUDGMENT :

Ashok Kumar Verma, J.

1. The appellant-husband has come up in appeal before this Court seeking setting aside of judgment and decree dated 11.12.2018 passed by the Principal Judge, Family Court, Ambala, whereby petition filed by him under Sections 12 and 13 of the Hindu Marriage Act, 1955 (for short ‘the Act of 1955’) for a decree of nullity and dissolution of marriage between the parties by a decree of divorce on the grounds of cruelty and desertion, has been dismissed.

2. It is the case of the appellant that marriage between him and the respondent was solemnized as per Sikh rites and ceremonies at Sirhind Club, Ambala Cantt on 18.11.2010. The marriage was performed in simple manner, in which no dowry was given or taken. After the marriage the parties resided together for a short span of time. The marriage could not be consummated due to delaying tactics being adopted by the respondent. From the very beginning of the marriage the attitude and behaviour of the respondent was not good and cordial towards the appellant and his family members. Respondent pressurized the appellant to live separately in her parental home as ‘Ghar Jawai’. The marriage between them could not be consummated due to ill advise given to the respondent by her mother. The respondent even did not allow him to co-habit with her. Mother of the appellant was suffering from cancer and his father was a heart patient. The respondent flatly refused to look after his aged ailing parents. On the asking of the respondent, on 18.05.2011 appellant left the respondent at her parental home at Lucknow as there she wanted to get admission in Ph.D. She took away a diamond ring, a gold chain with diamond pandle, two gold karas, a pair of diamond tops, a gold chain with pandle, a diamond pandle, one necklace, a pair of gold rings, one silver ring, five suits, six sarees and makeup kit along with her without informing the appellant. At that time, appellant was serving as a Field Major in the Indian Army and was posted at intense counter insurgency and high-altitude area. When appellant came back from his job in the month of August 2011, he along with his mother Gurbachan Kaur went to Lucknow on 17.08.2011 to bring back the respondent to her matrimonial home but the respondent refused to go with them.

Thereafter, appellant’s sister Rajinder Kaur went to Lucknow on 25.01.2012 to bring back the respondent to her matrimonial home but she again refused to come back. Number of panchayats were convened but the respondent flatly refused to join appellant’s company. Even the appellant filed petition under Section 9 of the Act of 1955 seeking restitution of conjugal rights wherein the respondent was proceeded ex-parte by the Family Court vide judgment and decree dated 23.12.2013.

The Indian Army Wives Welfare Association also made lot of efforts to reconcile the marriage of the parties. Two sessions of joint counselling were held at Astha Brave Heart Cell, Central Command, Lucknow during the month of January, 2014, but proved futile as the respondent refused to join the company of the appellant-husband. It is further the case of the appellant that marriage between him and the respondent is voidable to be annulled by a decree of nullity on the ground that marriage has not been consummated under Section 12(1) of the Act of 1955. The respondent willfully deserted the appellant without any reasonable cause. She also subjected him to cruelty, physical as well as mental. Therefore, appellant sought decree of divorce on the ground of cruelty and desertion.

3. Respondent-wife contested the petition admitting the relationship between the parties. She denied that the marriage was performed in a simple manner or that no dowry was given or taken in the marriage. In fact, the marriage was solemnized with great pomp and show. Her father spent more than Rs.25,00,000/- on the marriage. A Swift Dzire car, a bullet motorcycle, costly household articles and cash amount were given to the appellant and