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2023 Supreme(P&H) 3331

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RITU BAHRI, MANISHA BATRA, JJ.
Neetu Chauhan @ Sonakshi – Appellant
Versus
Sanjay Aswal – Respondent
FAO-M-128 of 2017
Decided On : 05-01-2023

Advocates Appeared:
Mr. V.K. Jindal, Sr. Advocate with Mr. Gopal Soni, Advocate and Mr. Neeraj Kumar, Advocate; For the Appellant
Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Shiv Kumar Sharma, Advocate; For the Respondent

Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1)(i-a)(i-b) - Divorce on grounds of cruelty and desertion - Appeal against decree of divorce - Marriage irretrievably broken down - Evidence of mental cruelty proved - Conduct of wife established as unreasonable and aggressive with threats of suicide - Court's emphasis on irretrievable breakdown of marriage as a factor in granting divorce. (Paras 1-41)

(B) Legal principles - Cruelty defined - Acts constituting mental cruelty - Incompatibility leading to breakdown of marital relationship - Judicial precedence regarding irretrievable breakdown of marriage as a factor for divorce considered. (Paras 34-40)

Facts of the case:
Marriage occurred on 18.01.1999; issues included allegations of mental cruelty and desertion by wife; husband provided instances of conduct supporting claims of cruelty; testimonies indicated continuous harassment. (Paras 2-11)

Findings of Court:
Respondent demonstrated clear evidence of wife's impertinent conduct; provisions for divorce upheld due to irretrievable marriage breakdown and mental cruelty established. (Paras 24-41)

Issues: Whether cruelty occurred and if the marriage was irretrievably broken necessitating divorce. (Para 16)

Ratio Decidendi: Evidence substantiated claims of cruelty along with precedent aligning irretrievable breakdown of marriage with grounds for divorce; maintaining such a marriage deemed impractical. (Paras 34-40)

Result: Appeal dismissed, divorce decree upheld; parties to implement financial settlements for children as outlined. (Para 41)

JUDGMENT

Ritu Bahri, J.

By way of filing the present appeal, the appellant-wife is seeking setting aside of judgment and decree dated 23.02.2017 passed by District Judge, Panchkula, whereby petition filed by the respondent-husband under Section 13 (1) (i-a) (i-b) 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 in the Court below are that the marriage between the parties was solemnized on 18.01.1999 according to Hindu rites and ceremonies at Delhi. After marriage, they lived together as husband and wife at Chandigarh. Out of this wedlock, two daughters namely Shokhi and Lavanya were born on 02.02.2000 and 02.09.2007 respectively, who are residing with their mother i.e appellant-wife. The respondent further pleaded that he is B.E. & LLB and the wife is a graduate and her father bears political influence and is a rich person. His father had continuous interference in the marital life of the parties.

3. After solemnization of marriage, the behavior of the appellant did not remain justifiable with him and his parents. The appellant has been a woman of extreme aggressive, arrogant nature and her conduct lacked cultural values of an Indian woman and believed in leading a free life. The respondent alleged that appellant never respected him and his parents and inflicted grave cruelty upon them with her irresponsible and cruel behavior and eventually deserted him on 19.08.2009, which necessitated him to file the divorce petition.

4. The respondent further pleaded that after the marriage, he took his wife to Goa, Mumbai etc. for honeymoon, where, she insisted upon taking liquor in front of him that shocked him and on his stopping to consume liquor, she became annoyed and slashed her veins of her hand. He became afraid and returned from his honeymoon. The respondent further alleged that his wife is in habit of visiting her parental home as and when she liked, without informing him and his family members. Further the appellant has faith in witchcraft and she used the same on him. The respondent pleaded that the wife used to ask him not to sit with his parents and her behavior towards his family members i.e parents, brother and sisters, remained of hatred, that caused great cruelty to him. The respondent pleaded that in the year 2000, once the appellant threw magazine on his face in the presence of his brother, which humiliated him a lot.

5. The respondent pleaded that once in year 2000 in Chandigarh, the appellant left the government accommodation of his father in the presence of orderly and other employees and went to the house of Shri Gopal Bansal at a distance of 4-5 kilometers, by leaving behind her nine months old daughter crying without informing anyone. While the respondent and his brother kept on searching her, the appellant refused to return home with the respondent in that night and on the next day, she came back in the presence of Charanjit Singh. After gap of ten days, she again left the house of her husband and went away in night. In the year 2001, the parties shifted to Panchkula. However, she continued to torture him. She used to take out money from his purse and used to go out of home alone without informing anyone and also objected to his running the coaching classes. All her conduct caused mental cruelty to the respondent.

6. The respondent further pleaded that he tried to convince the wife several times that she should mend her ways and should respect the respondent and his family members, on the contrary, she got extremely annoyed and went to the second storey of the house and extended threats to commit suicide in the presence of family members, then he convinced her and brought her downstairs. The respondent informed wife's father in Delhi about the said act of his wife, who contrary told that he did not have time to hear such non

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