SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(P&H) 1878

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ritu Bahri, Deepak Gupta, JJ.
Sonia – Petitioner
Versus
Manish Kumar – Respondent
FAO-M No.63 of 2019 (O&M)
Decided On : 05-01-2023

Advocates:
Advocate Appeared
For the Petitioner: Mr.Yogesh Jangra for Mr.Sherry K.Singla
For the Respondent: Mr.K.B.Raheja

Headnote:(A) Hindu Marriage Act, 1955 - Section 13 - Divorce - Petition for divorce allowed on grounds of mental cruelty - Wife's claims of being beaten and harassed found unproven - The behavior of the wife, including abandoning the minor daughter and demanding property transfer, contributed to the petitioner's mental distress - Previous Panchayati compromise indicated no demand for dowry and lack of abuse - Children's welfare emphasized in maintaining divorce - Issue of false allegations by the wife against husband noted. (Paras 1, 2, 6, 12)

Facts of the case:
The petitioner-husband filed for divorce citing mental cruelty due to the appellant-wife's behavior, which included refusing to cohabit and making property demands. A child was born from their marriage, and she had left the marital home, insisting on relocating property. (Paras 1-2)

Findings of Court:
The court found that the appellant-wife failed to prove her allegations of cruelty and that her actions justified the husband's request for divorce. The welfare of their daughter was also a significant consideration in the ruling. (Paras 11-12)

Issues: The main issues addressed included whether the petitioner was entitled to a divorce based on the claims of mental cruelty and if the petition was maintainable in its current form. (Paras 4-5)

Ratio Decidendi: The court held that marriage cannot be sustained amid significant discord without resolution, and since the petitioner demonstrated consistent efforts to reconcile and raise their child responsibly, the husband's request was valid. (Paras 12)

Result: Appeal dismissed.

Table of Content
1. background of the marriage and complaints (Para 1 , 2)
2. wife's denial of allegations and claim for dismissal (Para 3 , 4)
3. court's analysis of evidence and credibility (Para 6 , 10 , 11)
4. decree of divorce granted on grounds of cruelty (Para 7)
5. final ruling and dismissal of appeal (Para 8 , 9 , 13)

JUDGMENT :

Ritu Bahri, J.

Appellant-wife (Sonia) has come up in appeal against the judgment dated 24.01.2019 passed by the Additional District Judge, Sangrur, whereby petition filed by respondent-husband under section 13 of the Hindu. Marriage Act, 1955, for dissolution of marriage,, has been allowed.

2. Marriage of the parties was solemnized on 07.11.2004 as per Hindu rites and ceremonies. Out of this wedlock, one female child namely Harshita was born on 29.09.2005, who is residing with the husband. Petition for divorce was filed by the husband-respondent taking the plea that the wife-appellant was hot tempered lady and was habitual not to perform her matrimonial duties. Atmosphere in his house became tense. The act of the wife caused mental cruelty to the husband-respondent and he started remaining under depression. Thereafter, the wife refused to cohabit with the husband and she remained adamant on her demand to shift Malaut and to transfer property of the husband in her favour. It was further stated that the wife-appellant was M.A., B.Ed, and wanted to run an academy with her brother at Malaut. When the husband refused to accept her proposal, she left the matrimonial home and started living with her parents. Her mother and brother threatened the husband-respondent time and again. In this regard, he moved an application to the SHO, Police Station, City, Sunam. Before the police, the wife stated that she wanted to stay with her parents. On 12.06.2007, she left the matrimonial house. On 14.06.2007, she moved an application to the police by levelling allegations against the husband and his family members. The appellant made an application under Section 438 Cr.P.C. and vide order dated 05.07.2007 passed by this Court, the husband was directed to appear before the police and narrate his grievance. At the instance of police, a Panchayat was convened on 25.06.2007. At that time, both the Panchayats gave in writing to the SHO that they would try to settle the matter. The husband made an application under Section 9 of the HINDU MARRIAGE ACT and the wife-appellant also filed an application under Section 125 Cr.P.C. For better future of the minor daughter, a compromise was effected between the parties on 29.02.2008, as per which, the wife agreed to reside with respondent-husband. However, she again started misbehaving with her husband and his parents. As per husband, he had arranged a job for the wife in Rotary Public School, Sunam, where she joined on 09.01.2009. Despite that, she did not attend the marriage of petitioner-husband's younger brother, which was solemnized on 16.05.2010. On 01.08.2010, she told that the house at Kacha Pahar was required to be transferred in her name, otherwise, she would involve the whole of the family in false criminal case. The husband did not accept the proposal. In the evening, when he came back to his house, it was found to be locked from outside. When he went to his parental house to know the whereabouts of his wife, the minor daughter was found to be present there. His parents told him that the minor daughter was found sitting outside the gate of their house in the noon time and they took her inside the house. The minor child told that her mother had left her at the door. A Panchayat was convened, but no decision could be taken. The wife had stated that until and unless the house is transferred in her name, she would not join the matrimonial home. In this backdrop, the petition was filed.

3. Upon notice, respondent-wife (appellant herein) tiled reply stating that her parents had spent Rs.5 lacs on the marriage and had given sufficient dowry articles, including gold ornaments along w

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top