IMPORTANT POINT
The court established that an irretrievable breakdown of marriage can justify divorce under the Hindu Marriage Act, even in the absence of traditional fault grounds.

JUDGMENT :

Ritu Bahri, C.J.

The appellant Pramod Kumar has come up in appeal against the judgment of the Family Court dated 11.04.2023, whereby his petition under Section 13A of the Hindu Marriage Act, 1955, has been dismissed.

2. Brief facts of the case are that marriage of the plaintiff / appellant was solemnized with defendant / respondent Seema Sharma on 19.01.2012, as per Hindu rites and customs. As per plaint averments, after the marriage behaviour of defendant towards the plaintiff and his family members was not good, and she started pressurizing the plaintiff to live separately from his family at Kashipur by selling his part of property situated at Bazpur. Plaintiff was reluctant to this proposal and tried to persuade the defendant, but she was adamant to her demand. Thereafter, defendant started to treat the plaintiff and his family members with cruelty, and even threatened to implicate them in false dowry case. The defendant even did not take interest towards the matrimonial obligations and due to this physical and mental cruelty, no child was born after two years of marriage. It was alleged that on 23.12.2014, Sanjay Sharma, brother of defendant along with 3-4 persons, came to the house of plaintiff and misbehaved and committed maar peet with plaintiff and his family members. Thereafter, defendant deserted the plaintiff, and on her own volition started living at her parental house at Kashipur. On 11.02.2015, defendant lodged FIR No. 51 of 2015, under Section 498-A, 504, 506 IPC, and one under Section ¾ of Dowry Prohibition Act, at police station Bazpur, levelling false allegations against plaintiff and his relatives and family members. According to appellant, after investigation, the matter was disposed of as the allegations against the plaintiff and his family members were found false.

3. Subsequently, the plaintiff got instituted petition under Section 13-A of the Hindu Marriage Act, for dissolution of marriage between the parties before the Family Court, Kashipur. On 10.12.2019, the Family Court framed the following issues :

i) As to whether the plaintiff is entitled for grant of decree for dissolution of marriage on the basis of the grounds taken in his petition?

ii) To which relief the plaintiff is entitled for?

4. The plaintiff by List Paper No. 6C/1 has submitted the copy of the report given to the Sub Divisional Magistrate, Bazpur; Paper No. 6C/2 the notice; Paper No. 6C/3 of Primary Education Dehradun; the copy of report Paper No. 6C/4 to 6C/7, and the charge-sheet dated 27.07.2015 Paper No. 6C/8 to 6C/9, and by Paper No. 6C/10 copy of the order passed by the District Education Officer, medical prescriptions and copy of medical report of Mrs. Seema Sharma Paper Nos. 6C/11 to 6C/15, and by List Paper No. 27C/1, the order dated 20.02.2016 issued by the District Education Officer, Primary Education Udham Singh Nagar, Paper No. 27C/2, the prescription slip regarding the treatment of defendant; Paper No. 27C/3 to 27C/4 along with medicine bill Paper No. 27C/5, and by List Paper No. 32C, the plaintiff produced Paper No. 32C/2 to 32C/10, chik report, charge-sheet, order dated 12.10.2021 under Section 406 IPC were filed as documentary evidence on record. The defendant did not produce any document on record.

5. The Family Court after going through the evidence brought on record in paragraph 19 of the judgment observed that on the FIR No. 51 of 2015, registered under Section 498-A, 504, 506 IPC, and one under Section ¾ of the Dowry Prohibition Act, charge-sheet was submitted only against the appellant-husband, which was pending, and on 12.10.2021 the appellant produced summoning order under Section 406 IPC, which fact was admitted by PW1 appellant Pramod Kumar and PW2 Kuldeep Sharma.

Point No. 1

6. The plaintiff / appellant by List Paper No. 27C/2 to 27C/2 had produced the order dated 20.02.2016 issued by the District Education Officer, Udham Singh Nagar to the effect that defendant had been suspended due to irregularities, a