JUDGMENT :

Sudhir Singh, J.

Challenge in the present appeal is to the judgment and decree dated 01.02.2023 passed by learned Principal Judge, Family Court, Bhiwani Camp at Loharu (for short the 'Family Court'), whereby the petition under Section 13 (1) (ib) of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the appellant-husband, was dismissed.

2. The Aforesaid Petition Had Been Filed By The Appellant- husband, inter alia, pleading therein that his marriage with the respondent-wife was solemnized on 07.06.2011, according to Hindu rites and out of the said wedlock one child was born. It was further alleged that during her six year's stay in the matrimonial home, the respondent-wife treated the appellant-husband and his family members with utmost cruelty. In 2010, the real brothers and the cousin of the respondent-wife came to Chandigarh and had stayed at the house of the appellant-husband for preparation of the competitive exams. The respondent-wife used to level the allegations of the illicit relations of the appellant-husband which had caused dent in the marital relations of the parties. She used to send the messages on the mobile phone of the colleagues of the appellant-husband apart from calling them. She had also pressurized him to get his share in the property of his father with the sole objective to compel him to live separately. On 01.03.2018, the respondent-wife left the company of the appellant-husband and started residing at her parental house. On 02.03.2018, she along with her father and some goons visited her matrimonial house and had unlashed threats to the father of the appellant-husband that he should transfer the land in the name of the respondent-wife failing which they would kill the appellant and they had also manhandled his father. During the period 01.03.2008 to 07.04.2018, the appellant-husband did not stay at his house at Panchkula as he had been apprehension that the respondent-wife and her relatives could harm him. On 07.04.2018, when the appellant-husband came to know that the respondent-wife and her relatives were loading his goods in a truck, he went there but the brother and cousin of the respondent-wife had manhandled him in the presence of Jagbir Malik, F.C. Gupta and Ritu Devi and they had threatened that the life of the appellant-husband would be ruined. It was further alleged that the respondent-wife had been residing at her parental home since 01.03.2018 without any reasonable and justified cause. Terming the aforesaid acts and conduct of the respondent-wife as cruelty, a decree of divorce had been sought for.

3. Upon notice, the respondent-wife entered appearance and filed his written statement, admitting the factum of marriage and birth of the child. It was however pleaded that sufficient dowry was given at the time of the marriage. On 05.10.2012, she gave birth to the child at Gupta Nursing Home, Panchkula, her parents came to meet her and at that time the parents of the appellant-husband had raised the demand Fortuner Car, valuable clothes and gold jewellery along with cash of Rs.l Lakh. In 2018, the respondent-wife saw the appellant-husband in the company of the lady in a park at Panchkula and when she enquired about the said lady, he told her that she was serving in his company and he would solemnized his second marriage with that lady after giving divorce to the respondent-wife. In April, 2018, he returned to his home in a drunkard condition and gave beatings to her. On 30.06.2018, when the respondent-wife went to Panchkula in order to meet the appellant-husband to bring back her Istridhan Jewellery and other household articles he had misbehaved with her and left the house. The respondent-wife followed him and saw that he entered an office and after sometime came out of that accompanied by one lady and went away in a vehicle. In the evening, he was confronted with the said fact and he told that he would be marrying that lady and when objected to he gave her merciless beatings.