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2023 Supreme(P&H) 3419

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RITU BAHRI, MANISHA BATRA, JJ.
Major Sumit Joshi – Appellant
Versus
Dr. Aditi Sharma – Respondent
FAO-M NO.324 of 2017
Decided On : 17-04-2023

Advocates Appeared:
Mr. Kanwar Yuvraj Singh and Mr. Rajesh Kumar, Advocates; For the Appellant
Mr. Raman Mahajan, Advocate; For the Respondent

Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Grounds for divorce - Appeal filed by husband for dissolution of marriage on grounds of cruelty - Trial Court dismissed the petition, finding no substantial evidence of cruelty. Court highlighted that mental cruelty includes behaviour causing reasonable apprehension of danger to mental welfare. (Paras 1, 13, 15)

(B) Cruelty - Includes both physical and mental, must be considered in the light of societal norms; separation for long periods can constitute grounds for cruelty, as seen in relevant judgments referenced. (Paras 13, 14)

Facts of the case:
Marriage occurred on 29.11.2010; respondent's alleged erratic behaviour and separation from husband led to divorce petition. Respondent denied allegations and claimed continuous attempts to maintain household. (Paras 3, 4)

Findings of Court:
Dismissal of divorce petition upheld; the trial court found insufficient evidence of cruelty. The marriage was deemed irretrievably broken given continued separation and lack of reconciliation efforts. (Paras 15, 16)

Issues: Whether the husband's allegations constitute cruelty warranting divorce and the impact of marital breakdown due to long separation. (Paras 14, 15)

Ratio Decidendi: Long-term separation and mutual allegations can signify irretrievable breakdown; no evidence sufficed for cruelty claim. Hence, Court grants divorce due to indelible dissolution of marriage. (Paras 15, 16)

Result: Appeal allowed; decree of divorce granted.

Table of Content
1. dissolution of marriage sought due to cruelty. (Para 1)
2. detailed factual background of the marriage. (Para 3)
3. respondent's defense and allegations against petitioner. (Para 4)
4. trial court findings dismissed petition. (Para 8)
5. arguments from both parties on appeal. (Para 10 , 11)
6. definition and understanding of mental cruelty. (Para 13)
7. long separation equates to mental cruelty. (Para 14)
8. subsequent acts of parties considered for dissolution. (Para 15)
9. final order and alimony determination. (Para 16)

JUDGMENT

Manisha Batra, J.

Having lost his case of seeking dissolution of his marriage with the respondent-wife on the ground of cruelty in terms of Section 13 (1) (i-a) of the HINDU MARRIAGE ACT , 1955 (hereinafter to be mentioned as "the Act") before the Additional District Judge, Panchkula, the husband has knocked at the door of this Court by filing the present appeal.

2. For the sake of convenience, the parties shall be referred to as per the nomenclature as given in the original petition as filed by the petitioner-husband.

3. The case as set up by the petitioner is that he got married with the respondent-wife on 29.11.2010 according to Hindu rites and ceremonies. A simple marriage was performed between the parties. There was no demand of dowry. Just after the marriage, the parties had gone to Mauritius for their honeymoon. The behaviour of the respondent was not normal since the very inception of their marital life and she acted in a strange manner at the airport itself while going to Mauritius by disappearing and on search being made by the petitioner, was found sitting in an isolated place. She argued and quarrelled with the petitioner on trivial matters even on honeymoon. The parties started residing at their matrimonial house at Panchkula after their marriage. The house of parents of the respondent was situated nearby and she visited there almost every day without seeking consent from the petitioner or his parents. Her behaviour was secretive and rude. She did not render any help in performing domestic chores. She compelled the petitioner and his parents to serve everything to her in her bedroom. She used to make secretive talks on her cell phone and did not allow the petitioner and his family members to enter her room. In the month of March 2011, the petitioner who is an Army Officer was posted at Leh which was a Field posting. During that time, instead of staying at her matrimonial house, the respondent insisted for staying with her mother. She did not visit her matrimonial house in the absence of the petitioner at all. The petitioner had subsequently called her at Leh. The parties had gone abroad on their first Anniversary and on returning back, the respondent insisted to stay with her mother by making one pretext or the other and stayed there till September 2012. She joined the company of the petitioner after making lot of persuasions and pleadings by him. She had become pregnant and came back in January 2013. A female child was born to the parties on 07.08.2013. After discharge from the Command Hospital, Panchkula, the respondent instead of going to her matrimonial house, went to her parental house. She refused to join the company of the petitioner when he had been transferred to Bhopal and it was only after making many efforts that she had joined him there. While staying at Bhopal, the respondent caused embarrassment to the petitioner by making false and frivolous complaints against him. It was alleged that the mother of the respondent used to interfere in their matrimonial life thereby aggravating the situation. The petitioner while submitting that he could not lead a normal married life with the respondent, because of her behaviour, prayed for dissolution of marriage between them.

4. The respondent filed written statement taking various preliminary objections. It was submitted that the marriage of the parties was fixed through some matrimonial advertisement. The parents of the petiti

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