The main legal point established in the judgment is that false allegations of illicit relations and prolonged separation can constitute mental cruelty and grounds for granting divorce under Section 13 of the Hindu Marriage Act, 1955.

JUDGMENT

Ashok Kumar Verma, J. - The appellant-wife has come up in appeal before this Court seeking setting aside of judgment and decree dated 18.10.2018 passed by the District Judge (Family Court), Moga (hereinafter referred to as 'the Family Court'), whereby petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (for short 'the HMA) to dissolve the marriage between the parties on the grounds of desertion and mental cruelty, has been allowed.

2. Briefly stated, respondent-husband filed a petition under Section 13 of the HMA before the Family Court pleading therein that marriage between the parties was solemnized on 29.06.2011 in a 'Dharamshala' at Zira, District Ferozepur, by way of Hindu rituals in a very simple manner. After marriage, appellant and the respondent lived together and cohabited with each other as husband and wife at Dharamkot, District Moga. Soon after marriage, respondent-husband came to know that appellant-wife was a hot headed lady and she disclosed that her marriage has been solemnized with the respondent against her wishes by her parents forcibly otherwise she did not want to marry him as she had love and relations with somebody else at Zira. She wanted to marry him. With the passage of time twin baby boys were born on 16.07.2012 at Dharamkot, out of which one boy died after 15 days of birth and other son, who is about four years old (at the time of filing of the petition under Section 13 of the HMA), is residing with respondent- husband and is studying in a school at Dharamkot. All the expenses have been borne by him. Even after birth of the children, appellant-wife did not mend her behaviour and continued to insult the respondent-husband and his family members to make them to bow before her demand of separate residence. To save his matrimonial life, respondent's parents separated him along with appellant on the first floor of their house and also got published a notice of disinheritance of the parties in the newspaper 'Pehredar' dated 17.04.2013. But even after getting separate residence, appellant-wife did not restrain herself from insulting the respondent-husband and his family members in the presence of friends, relatives etc. She did all these misdeeds firstly to get rid of the matrimonial ties and secondly at the instigation of her brothers, who wanted her to purchase separate house. Respondent-husband continued to bear all such maltreatment and harassment only with the view to save his family life and for better future of the child. When the respondent- husband tried to make the appellant-wife understand not to do the aforesaid acts and to leave the demand of separate house, to pressurize and cause mental torture to him, she left the matrimonial home in July, 2013 without his consent. Thereafter, respondent-husband arranged panchayat with residents of Dharamkot to take the appellant-wife back in the matrimonial home. On the request of panchayat, appellant's father Ramesh Kumar left her in the matrimonial home and also executed an agreement in the shape of writing dated 23.10.2013 admitting mistake of the appellant-wife and also assured that in future respondent-husband and his family members will have no problem from the side of the appellant- wife. On the basis of the said writing and assurance given by appellant's father, respondent kept appellant in his house as his wife. After 2-3 months, appellant-wife again started misbehaving with him and to get rid of matrimonial ties, she started making allegations against the respondent- husband that he has illicit relations with his brother's wife (bhabhi) as his elder brother is living abroad. When the respondent tried to make her understand not to make such false allegations, appellant hanged the minor son in the street on the first floor with the threat that if he tried to stop her from leaving the house, she will kill the child. Thereafter, appellant-wife again left the matrimonial home along with gold ornaments and