The main legal point established in the judgment is that allegations of cruelty in a matrimonial dispute must be independently proven and cannot solely rely on findings from related proceedings. The court emphasized the need to consider the wider family interests before granting a decree of divorce.

Sharad Kumar Sharma, J.

It’s a wife appeal, seeking quashing of the judgment dated 18.04.2013 passed by the Additional Judge, Family Court, Rishikesh in Matrimonial Case No. 60/2011 titled as “Devendra Pal Singh Vs. Smt. Manpreet Kaur”, whereby the Suit filed by husband under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955 (hereinafter to be referred to as the “Act”) was decreed, and consequent thereto, the marriage which was solemnized between them on 08.12.2003 was dissolved.

2. The issue of cruelty was agitated at the hand of appellant-wife which was the bone of contention for the proceedings under Section 13(1)(i-a)(i-b) of the “Act”, before the family Court, Udham Singh Nagar, where the proceeding was initiated for dissolution of marriage.

3. Admittedly, according to parties to the dispute, marriage between them was solemnized on 08.12.2003 as per Sikh customs and rituals, as both husband and wife were the followers of the said sect. After the marriage traditionally wife joined her husband’s home and they started living at Gadarpur, and as case of respondent-husband is and as expected from him and from the in-laws in the husband’s place, provided all respect, care and affection to the newly wedded wife.

4. But as per plaint allegation of the respondent-husband, the appellant-wife who was working with the Education Department, is a lady who has her own way of spending life, she was in the habit of her own way of spending unfettered living and did not appreciated the requests of husband and his family members to spend matrimonial life in accordance with family norms and traditions. She never wanted her actions and movements of free living to be restricted in any manner whatsoever. Normally it is expected from a newly wedded wife and even a courtesy requires at least to inform the in-laws, if she had to venture out of home for any of her personal or official work. As per the husband even when the plaintiff husband wanted to make her understand the intricacies of married life, she used to get outraged and atrocious.

5. Husband’s case was that he made several efforts to make the appellant-wife understand that they are living in a joint family, at least some respect has to be shown to aged parents, particularly from a newly wedded wife is to discharge. This was not welcomed by the wife.

6. Parents bear and near child so that they can support them when they grown old and feeble. As per the pleading and wishes of the husband, he also catered the same desire and wishes towards his parents, but this was being hampered by the wife who was pressuring him to leave his parent’s home and to start living in parent’s home of wife at Sitarganj as “gharjamai”, to which husband did not agreed. This further aggravated the misunderstanding. Husband’s case was that wife was more professional oriented lady and had her priority to it, as compared to her domestic responsibilities. Normally, at least in every Hindu Matrimonial home every wife has to adhere to basic family disciplines that too when in a joint family, however whenever these restrictions were sought to enforced, appellant-wife threaten to commit suicide and rope the entire family in false criminal cases. It was apart from other method adopted by the wife. She started exerting to inflict cruelty on the husband.

7. Despite of all these odds the appellant was blessed with son born in 11.10.2004. As per husband’s case, he thought that after the birth of son, things would move in a positive direction and she will improve her attitude towards the in-laws. But the things worsened when the wife after one and half years of marriage she deserted her husband and went to her parent’s home with the son, jewelry, all valuable along with her brother Preetpal Singh, as husband case that he thought it was a normal visit by her, to her parent’s home. Due to this reason coupled with the fact that the husband expected that she would be coming back to join the family of the husband as well as to pr