The court held that continuous allegations of cruelty and the breakdown of marital relations constitute valid grounds for divorce under the Hindu Marriage Act.

JUDGMENT :

Ritu Bahri, J.

By way of filing the present appeal, the appellant-wife is seeking setting aside of judgment and decree dated 15.10.2015 passed by Addl. District Judge, Jalandhar, whereby petition filed by respondent-husband under section 13 of the HINDU MARRIAGE ACT , 1955 (for short ‘Act 1955'), for dissolution of marriage between the parties by a decree of divorce on the grounds of cruelty and desertion, has been allowed.

2. Brief facts of the case as stated by the respondent-husband in the Court below are that the marriage between the parties was solemnized on 18.11.1990 according to Hindu rites and ceremonies at Una. After marriage, they lived together as husband and wife. However, the appellant-wife refused to life in a joint family. She did not want the respondent to start his medical practice in Village Oel, District Una where his family was residing. She abstained from doing her household chores. She never treated the parents of the respondent with respect. In January, 1992, the appellant-wife left the company of respondent when the appellant was in family way. She gave birth to a male child at her parent's village Hazara, District Jalandhar. The respondent after the birth of child, visited village Hazara, District Jalandhar along with customary gifts, sweets, clothes etc and requested the parents of the appellant to let her accompany him but her parents insisted upon separate residence and only then the appellant and the child would accompany him. Thus, the respondent filed a petition for Restitution of Conjugal Rights under the HINDU MARRIAGE ACT on 06.05.1992, which was decided on 21.03.1994. Despite passing of the decree of Restitution of Conjugal Rights, the appellant failed to join the company of respondent. Then the respondent filed a divorce petition before the District Judge, Una, which was later dismissed on 26.03.1996 as compromised was effected and the appellant joined the company of the respondent at her in-laws village Oel, Tehsil and District Una, Himachal Pradesh.

3. However, after joining the company, the appellant started pressing for her old demands asking the respondent to separate from his parents and to live separately. On the insistence of the appellant, the respondent started his medical practice at Village Bhungrani, Tehsil and District Hoshiarpur. But the appellant again started insisting upon the respondent to shift the medical practice to village Hazara, Tehsil and District Jalandhar. On not doing so, the appellant started levelling allegations against the respondent that he has illicit relations with the ladies visiting his clinic at Bhungarni. The* respondent was defamed in the area, which affected his medical practice.

4. The respondent further alleged that there was one Balbir Singh (cousin brother of the appellant) posted as DSP (CID) Punjab Police Hoshiarpur, He used to call the respondent through DSP (Rural) Hoshiarpur pressurizing him to shift the medical practice at Jalandhar. The respondent was forced to return to his village Oel, District Una, Himachal Pradesh. The appellant also filed a criminal complaint under Sections 406 /498-A at Jalandhar. When the respondent reached the police station, the appellant and his family members started demanding a sum of Rs.10,00,000/- for withdrawal of the complaint and for giving divorce to him. When the respondent failed to meet their demands, F.I.R No.420 dated 08.10.2005 under Sections 406 /494/498-A IPC w