The main legal point established in the judgment is the application of Section 13(1) of the Hindu Marriage Act, 1955, and the court's consideration of irretrievable breakdown of marriage and mental cruelty as grounds for divorce.

JUDGMENT

Ashok Kumar Verma, J.- The appellant-wife has come up in appeal before this Court seeking setting aside of judgment and decree dated 05.02.2014 passed by the Additional District Judge, Panipat, whereby petition filed by the respondent-husband under Section 13(1) of the Hindu Marriage Act, 1955 (for short 'the HMA') for a decree of divorce by way of dissolution of marriage, has been allowed.

2. Brief facts of the case are that respondent-husband filed a petition under Section 13(1) of the HMA for a decree of divorce by way of dissolution of marriage pleading therein that marriage between the parties was solemnized according to Hindu rites and ceremonies on 09.07.2005 at Vishanu Nagar, Gohana, District Sonepat, in a simple manner. No dowry was given or taken. The marriage was registered with the Registrar of Marriage at Gohana. The marriage was duly consummated and a male child namely, Gatik was born out of their wedlock. After marriage, parties resided in their home at NFL Township, Panipat. On the first night of the marriage when respondent tried to have sexual relationship with the appellant, he could not penetrate properly. On the next day, he consulted an expert doctor and got himself operated in Prabhakar Hospital and was advised bed rest for 15 days. As a result of which he could not make physical or sexual contact with the appellant for a period of about 20-25 days after the marriage. Thereafter, when respondent tried to have physical relationship with the appellant, she told him that she had conceived admitting that she had committed a wrong prior to the marriage as she was having a love affair with a boy prior to her marriage. Respondent suffered great mental pain, agony and went into depression. Appellant concealed the fact of her pregnancy prior to her marriage. Appellant was got medically examined at Hyderabadi Hospital and the fact of her pregnancy was confirmed. Thereafter, mother of the appellant took the appellant along with her to abort her pregnancy but left the appellant at her matrimonial home on 22.08.2005 without getting the pregnancy terminated. Appellant was again called at Hyderabadi Hospital for check up and further treatment on 27.08.2005. On the said date, Dr. Bharti Dhawan of Hyderabadi Hospital conducted ultrasound of the appellant and confirmed her pregnancy. Thereafter, pregnancy of the appellant was got terminated on 30.08.2005 and she continued receiving treatment from Dr. Bharti Dhawan after termination of her pregnancy. However, appellant did not mend her behavior and left respondent's company on 26.10.2005 leaving a written note mentioning that she was going to commit suicide for which she herself was responsible. Respondent contacted the appellant and asked her to come back. However, appellant asked the respondent to come to her parental home. In the last week of October, 2005, respondent went to the house of appellant to bring her back. Appellant asked him to gift a gold ring to her sister Sonia. After coming to his house, appellant again started misbehaving with him and his parents. She even tried to manhandle her mother-in-law and threw a shoe upon her father-in-law. Respondent requested the appellant to mend her behaviour but she did not listen to him. Rather she raised a demand to live separately from her in-laws. He being the only son of his parents did not accede to her demand. When all efforts of the respondent to settle the matter failed, he started living separately from his parents at Village Barauli along with the appellant to run his married life smoothly. They resided at Village Barauli for about 3-4 months. She again started misbehaving with the respondent and refused to cook meals for him. Thereafter, both of them started residing at Yamuna Nagar. Appellant got admission in Sant Nischal Singh Education College to get JBT degree. Respondent joined a private job in Thopson Systems Pvt. Limited, Karnal. However, behaviour of the appellant did not change. Once she attacke