Cruelty in matrimonial relationships can be inferred from sustained neglect and false allegations, entitling a spouse to divorce under Hindu Marriage Act.

JUDGMENT :

Binod Kumar Dwivedi, J.

With the consent of the parties these appeals are being heard finally. Regard being had to the similitude in the controversy involved and commonality of parties, both the appeals are analogously heard and are being disposed of by common order.

2. In F.A.No.1082/2016 appellant is husband-Rajesh and in F.A.No.920/2024, appellant is wife-Neha and minor daughter divyanshi. F.A.No.1082/2016 has been preferred by the appellant/husband under Section 19 of the FAMILY COURTS ACT , 1984 (hereinafter referred to as 'the Act, 1984' ) assailing the judgment dated 22.11.2016 passed by Principal Judge, Family Court, Mandsaur in HMA Case No.109/2015 whereby petition for divorce under Section 13 of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act, 1955') filed on behalf of the appellant/husband has been dismissed whereas F.A.No.920/2024 has been preferred by the respondent/wife assailing the judgment dated 01.03.2024 passed by Principal Judge, Family Court, Ratlam in HMA Case No.20- A/2017 whereby her petition filed under Section 9 of the Act, 1955 for restitution of conjugal rights has been dismissed.

3. It is not in dispute that appellant and the respondent have entered into wedlock on 02.12.2009 at village Bangrod, district Ratlam according to Hindu rites and customs and out of the wedlock on 12.04.2011 daughter Divyanshi was born.

4. The contentions raised in the petition filed by the husband under Section 13 of the Act, 1955 and petition filed by wife under Section 9 of the Act, 1955 as per husband are that from the beginning of marriage the behaviour of wife-Neha was derogatory towards him and members of his family. She neither accepted the appellant as her husband nor fulfilled marital obligations. On 04.12.2009 when appellant/husband fell sick and was admitted in the hospital of Dr.Gandhhi she never came even to visit him. She along with her brother and uncle went to her parents place. After strenuous efforts by the appellant/husband, she came to his place and lived merely for a short period of about one month. In that period also her behaviour towards her husband and his family members was very obnoxious. She on and off went to visit her parents place. She always kept herself busy in conversation on mobile phone. She never lived with appellant as caring wife and refused to cohabit. By the behaviour of respondent/wife he was feeling very much humiliated. After delivery of girl child he made several efforts to bring her to Mandsaur. She came there and lived only for very short period i.e. 07.07.2011 to 13.07.2011. After 13.07.2011 she has never contacted the appellant. Such act and behaviour of the respondent comes under physical and mental cruelty and also deserted him. Therefore, on these allegations, the appellant/husband filed divorce petition.

5. Respondent/wife in her written statement has refuted all the allegations and in her petition under Section 9 of the Act, 1955 alleged that her husband/respondent has willfully deserted her and her daughter. She is willing to live with him but on 13.07.2011, when she came to her parents house after that he never made any efforts to bring her back or live with her.

6. The Principal Judge, Family Court in the case filed by the husband under Section 13 of the Act, 1955 framed necessary issues with regard to physical and mental cruelty as allegedly committed by the respondent/wife and also whether she has willfully deserted the appellant. In case of wife filed under Section 9 of the Act, 1955 issues with regard to withdrawal of husband from the company of wife without any sufficient reason was framed. The Court below after affording opportunity of hearing dismissed petitions of both the parties, which gave rise to filing these appeals before this Court.

7. The Counsel for the husband reiterating allegations in the divorce petition would submit that the respondent/wife never performed the duties of wife. She has willfully shied away in fulfill