Continuous separation for over 15 years and substantiated claims of mental cruelty led to the dismissal of the appeal and affirmation of the divorce decree.

JUDGMENT

NEENA BANSAL KRISHNA, J

1. The appellant/wife has filed the present appeal against the Judgment dated 25.02.2020 vide which the Divorce Petition filed by the respondent/husband (petitioner in the divorce petition) has been allowed on the ground of „cruelty‟ under Section 13 (1) (ia) of the Hindu Marriage Act , 1955 (hereinafter referred to as ‘the Act, 1955’).

2. The facts in brief are that the appellant got married to the respondent according to the Hindu Rites and Customs on 30.04.2006 and one son namely master Ashwin Kumar was born from the said wedlock on 18.01.2007. The respondent/husband had claimed that the appellant was aggressive, quarrelsome and violent in nature towards him and his family members. She used to frequently leave the matrimonial home without informing him or the family members and whenever they sought an explanation, she used to quarrel. On 09.08.2008, one Sh. Om Prakash, a close relative of the respondent/husband had come to their house where the appellant misbehaved with the relative. She did so with the other relatives who used to visit their house. It was further claimed that the appellant/wife did not mend her ways despite repeated requests and remained adamant and refused to do household work. She went to her parental home after quarrelling with the respondent on 08.12.2008. In the morning of 09.12.2008, the parents and the brother of the appellant along with three other unknown persons came to the house of the respondent and took away her jewellery and other valuable articles after manhandling the respondent and his family members for which they made a complaint to the police vide DD No. 42B dated 09.12.2008 at PS Palam Village and thereafter vide DD No. 47 dated 09.12.2008, however, ASI Mohinder Singh forced them to compromise the matter and obtained their signatures forcibly. Again, a written complaint regarding this incident was given by the respondent to the police on 23.12.2008 and 27.04.2010. He also received medical treatment at Safdarjung Hospital vide MLC No. 242161 dated 09.12.2008.

3. In retaliation, the appellant filed a complaint in CAW Cell against the respondent and his family members but subsequently withdrew the same. She thereafter, filed a complaint case under the Protection of Women from Domestic Violence Act , 2005 (hereinafter referred to as ‘D.V. Act’) on 16.11.2010 before the MM, Saket Court, which also was withdrawn by her on 23.05.2011. Additionally, the appellant filed a petition under Section 125 CrPC wherein the respondent has been directed to pay Rs.3000/- per month as interim which he has been regularly paying and the said petition is still pending trial. Thereafter, the respondent/husband filed a complaint under Section 156 (3) of the Code of Criminal Procedure , 1973 (hereinafter referred to as ‘Cr.P.C’) against the appellant/wife and her family members but the same was withdrawn on 27.06.2011 following a compromise between the parties.

4. Again, a complaint in CAW Cell was filed by the appellant/wife thus, the respondent was constrained to seek divorce by way of the Divorce petition on the ground of ‘cruelty’.

5. The appellant wife contested the Divorce petition by asserting that she was harassed on account of dowry and was given merciless beatings. On 08.12.2008, the appellant was thrown out of the matrimonial house and since then she has been living at the mercy of her parents. She lodged a complaint against the respondent/husband at PS Palam village on 16.12.2008 and also at CAW Cell, Sriniwas Puri on 09.04.2010. She withdrew her D.V. Petition on