JUDGMENT

Lisa Gill, J.

Appellant has filed this appeal challenging judgment and decree dated 14.10.2022, passed by learned Family Court, Sangrur, whereby petition under section 13 of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as the Act), filed by the respondent-wife, seeking dissolution of her marriage with the appellant-husband, has been allowed.

2. Brief facts necessary for adjudication of the matter are that the petition under Section 13 of the Act, seeking a decree of divorce was filed by the respondent-wife. It is pleaded therein that marriage of the parties was solemnized on 20.07.2003 as per Sikh rites at Gurudwara Sahib, village Majha, Tehsil Bhawanigarh, District Sangrur. Parties cohabited as husband and wife at the matrimonial home at village Bhattian Khurd. Two children were born out of the said wedlock i.e. a daughter on 18.09.2004 and a son on 30.06.2009. It is alleged that the appellant-husband and his family members started maltreating and misbehaving with the wife (petitioner before the learned Family Court) after marriage. It is pleaded that the husband used to quarrel on trivial matters and demanded dowry articles including a car. When the wife expressed her inability to fulfill their demands, she was allegedly beaten mercilessly and subjected to starvation as well. It is alleged that the husband even tried to strangulate the wife once. The conditions ultimately, it is stated drove the wife to thoughts of committing suicide. However, the thought of the plight of her grand-mother, who had arranged her marriage and incurred expenses thereof after death of the mother of the wife, helped her to pull herself together. It is further alleged that after birth of the daughter, behavior of the husband as well as his family members (in-laws of the wife) became even more cruel.

3. Mother-in-law of the wife is alleged to have pressurized her to get a share in the property from her parents as mother of the wife had already died and her property was yet to be distributed amongst the legal heirs. It is pleaded that though the attitude of the husband and his family members was cruel and inhuman right from inception of marriage but she tolerated all atrocities with the hope that good sense would prevail especially after the birth of her two children. However, the same did not happen. The husband, it is stated, was addicted to alcohol and used to sell valuable articles, clothes and gold ornaments, which had been given to the wife by her grand-mother at the time of her marriage. It is further pleaded that various Panchayats were convened for rehabilitation of the wife at her matrimonial home wherein the husband accepted his guilt and assured not to harass his wife. However, in the month of June, 2018 the wife, it is pleaded, was turned out of the matrimonial home alongwith both the minor children and since than she is residing separately at her parental home. The children are stated to be residing with the mother. The husband, it is pleaded, made no attempt to get back his wife and children to the matrimonial home and neither did he give any maintenance whereas he was working as an electrician and also was engaged in the business of sale of milk besides being the owner of agricultural land. The wife, therefore, sought a decree of divorce on the ground of cruelty and desertion.

4. Present appellant-husband appeared upon notice and filed a reply taking various legal objections including that of the wife not coming to the Court with clean hands and having concealed material facts. It is stated on merits that the wife was not residing at the given address