JUDGMENT :

Ritu Tagore, J. - Appellant-husband has come in appeal, challenging judgment dated 19.09.2018 passed by learned Principal District Judge. Family Court, Bhiwani (hereinafter referred to as the `Family Court'), whereby petition under Section 13(1)(ia) of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the `Act') bearing petition No.48 (RBT) of 2015/2018, instituted on 18.11.2015/03.05.2018 titled Smt.Jyoti v. Dinesh filed by the respondent-wife has been allowed against the Appellant-husband.

2. The facts in brief are that marriage of the parties was solemnized on 09.11.2008 as per Hindu rites and ceremonies at village Bamla-II, Tehsil and District Bhiwani. It was their first marriage. The couple lived and cohabited as husband and wife at village Kalinga and a male child named Viren was born from the wedlock.

3. It is pleaded by respondent-wife that at the time of their marriage appellant-husband was serving as Assistant Manager with a private company at Gurugram. Their marriage was performed in a decent manner; ample dowry including motorcycle and computer were given but appellant-husband and his family members were not satisfied and soon started harassing her for more dowry.

4. After few months of their marriage, appellant-husband left his job and began pressurizing respondent-wife by demanding money from her parents on the pretext of using it to find a job. However, he did not do so, rather squandered away the money and fell into bad influence and started consuming liquor. Respondent-wife brought all these facts to the notice of her parents, who in order to save her marriage and keep appellant-husband away from bad society, got constructed a two-room house on 110 square yards plot in the name of respondent-wife near Hanuman Pyau, Bhiwani. Regardless, appellant-husband continued with his bad habits of drinking and borrowing money from others and constant nudging of creditors made her life miserable and there was no positive change in the conduct of appellant-husband towards her.

5. Respondent-wife further pleaded that on 16.06.2012, theft was committed in their house, she suffered depression on account thereof and remained hospitalized but appellant-husband did not take care of her and continued mistreating her. Appellant was jailed for quarrelling with some individuals and was released by her parents, and a sum of Rs.2,50,000/- was also given to appellant-husband on his demand by her parents for establishing business. Yet again, he wasted all that money in consuming liquor and discharging other loan liabilities. Appellant-husband did not mend his behavior towards her at all and continued subjecting her to mental and physical cruelty. On 20.08.2014, appellant-husband after beating her mercilessly, ousted her and her child from matrimonial home leading her to file a divorce petition. On assurance given to her by appellant-husband to keep her nicely by executing an affidavit dated 10.11.2015 in that regard, she withdrew the said divorce petition. Later on, appellant resiled from his undertaking and again maltreated her by beating and threatening to kill her if his demand for Rs.1,00,000/- and a scooter was not fulfilled. He refused to keep her with him and since then she has been residing with her parents along with her child. Respondent-wife pleaded that appellant has caused immense cruelty and mental suffering to her as detailed, and it is not safe for her to live and continue her matrimony alliance with him. She has neither condoned acts of cruelty of appellant, nor there is any collusion between the parties in seeking dissolution of