IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, RAMESH KUMARI
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
RAMESH KUMARI, J.
1. This appeal has been filed by the appellant-husband (hereinafter referred to as ‘husband’) being aggrieved by the judgment dated 26.02.2018 passed by learned District Judge, Family Court, Bhiwani, vide which a petition under Section 13 of the Hindu Marriage Act, 1955 (for short ‘HMA’), filed by him, has been dismissed.
2. Admitted facts are that marriage of the parties was solemnised on 07.12.2004 according to Hindu rites and ceremonies. The marriage was duly consummated and one daughter was born out of their lawful wedlock. The daughter is residing with the respondent (hereinafter referred as ‘wife’).
3. The case of the husband is that marriage was simple and no dowry was exchanged as both the parties belong to different castes and it was a love marriage, which was solemnized against the wishes of their parents. The husband always made efforts to keep his wife happy and provided all the amenities to lead a comfortable life. After birth of the child, the behaviour of the wife changed. She never tried to adjust herself in the family of the husband. The husband tried to reason out with her but in vain. The wife was of quarrelsome nature and short tempered.
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
(1) Divorce—Filing of complaint and initiation of criminal proceedings by wife which were found to be baseless and false, do cause harassment and torture to husband and his family—One such complaint ....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
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