JUDGMENT

Manisha Batra, J.

The present appeal has been directed against the judgment and decree dated 04.01.2019 whereby the petition filed by the respondent-husband under Section 13(l)(i-a) of the HINDU MARRIAGE ACT , 1955 (for short-the Act) for seeking dissolution of his marriage with the appellant-wife has been allowed.

2. For the sake of convenience, the parties shall be referred as husband and wife respectively, hereinafter.

3. Briefly stated the case of the husband was that he got married with the wife on 08.05.2008 at Village Siwadi, Tehsil Farrukhnagar, District Gurugram, according to Hindu rites and ceremonies and a male child namely, Sahil, was bom out of this wedlock. The behaviour of the wife with the husband and family members was very aggressive and hostile since the very beginning of their marital life. She used to pick up quarrels with the husband on trivial matters. Even on visit of neighbourers and relatives, she used to do so. She did not use to extend courtesies to the visitors by serving tea etc. upon them; her aim was that her family members of in-laws should dance at her tunes; she did not extend any assistance in the household work; she used to watch T.V. serials till late night and then pressurized the husband to buy such new dresses and ornaments that used to be worn by the actresses of those T.V. serials; she shifted her entire gold and silver jewellery to her parental house; even the behaviour of her parents was not proper and they used abusive language with the husband and his family members and used to extend threats to them. The wife was in habit of leaving her matrimonial house and used to return back after great persuasions by husband. She left her matrimonial house on 8.02.2009 and 01.04.2014. She filed complaint against husband on these dates and it was on finding those complaints to be false that she was advised by the Police to go back to her matrimonial house. Ultimately, she withdrew from the society of the husband on 07.04.2014. She used to make threatening calls to the husband. While alleging that the wife had treated him with utmost cruelty and it was not possible for him to live with her any more, the husband prayed for dissolving the marriage between the parties by decree of divorce.

4. In her reply, the wife raised preliminary objections as to maintainability of the petition and suppression of material facts. The allegations levelled in the petition were denied. It was admitted that the minor child of the parties was residing with the husband. While asserting that she was thrown out of her matrimonial house by the husband without any rhyme and reason; that the custody of the minor child was also denied to her and that she was ready to join company of the husband, she prayed for dismissal of the petition.

5. On the pleadings of the parties, the learned trial Court had framed the following issues;-

1. Whether the petitioner is entitled for a decree of divorce on the ground of cruelty? OPP

2. Relief.

6. The parties adduced evidence in support of their claims. The husband-Mahabir Singh examined himself as PW-1 and produced his uncle PW2- Ran Singh and his aunt PW3- Kashmiri Devi. On the other hand, the wife besides herself stepping into the witness box, examined her mother RW2-Raj Bala.

7. Learned counsel for the appellant-wife has argued that the impugned judgment was liable to be set aside as the findings as given by the learned trial Court were not sustainable in the e