IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision :10.02.2025 SUBHASH CHANDER CHUGH ...Appellant Versus ALKA ...Respondent CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. D.K. Tuteja, Advocate with Mr. Rahul Makkar, Advocate for Appellant.

Mr. Narender K. Sharma, Advocate for Ms. Suman Sharma, Advocate for Respondent.

SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 16.11.2013 passed by the learned Additional District Judge, Rohtak (for short `the Family Court’), whereby the petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (for short `the Act’) filed by the appellant-husband was dismissed.

2. The aforesaid petition had been filed by the appellant- husband, inter-alia, pleading therein that his marriage with the respondent-wife was solemnized on 20.04.1996 as per Hindu rites. Out of the said wedlock, a female child was born in 1998. The appellant-husband alleged that soon after marriage, the respondent- wife started creating trouble for him and his widowed mother, refusing household duties and also insisted appellant-husband to leave his widowed aged mother and to live with respondent-wife at her parental home. It was further alleged that despite initial quiet due to pregnancy, respondent-wife again started misbehaving after their daughter's birth. On 26.04.1998, the respondent-wife’s brother confronted and abused the appellant-husband and his old aged mother and on the same day, respondent-wife went to her parental home with her brother. Further, respondent-wife filed an FIR under Sections 323, 406, and 498-A IPC, followed by a maintenance case under Section 125 Cr.P.C, as a result, the appellant-husband was arrested, spent time in judicial custody, and was suspended from his government job as a clerk in the District Industry Centre, Bahadurgarh. The appellant- husband also paid Rs.75,000/- as maintenance. It was yet further asserted that the respondent-wife and her brother harassed the appellant-husband, complained to his department for disciplinary action, and tried to tarnish his reputation. The respondent-wife had also falsely involved appellant-husband’s married sister and elderly mother. The appellant-husband was acquitted on 02.11.2007, and the respondent-wife’s appeal was dismissed on 01.06.2009. Having endured over 13 years of legal battles, the appellant-husband asserted that their marriage is irretrievably broken.

3. Upon notice, the respondent-wife appeared and filed her written statement denying all allegations made by the appellant- husband. Respondent-wife corrected the date of birth of their daughter, Gori, to 05.02.1998 and stated that Gori, then was in the 9^th grade, and was living with her. Further, the respondent-wife refuted claims of creating trouble at the matrimonial home, demanding that the appellant-husband to leave his mother, or filing a false FIR. It was further alleged that the appellant-husband and his family members harassed the respondent-wife for bringing insufficient dowry, alleging physical abuse over demands for a scooter and a colour TV. Further, respondent-wife asserted that after their daughter’s birth, the appellant-husband became cruel, restricted her food, and demanded money. On 26.04.1998, after respondent-wife mentioned about her B.A. exams, she was beaten up by the appellant-husband and his mother, taken to Panipat, and abandoned near her brother’s house with threats not to return without the dowry, respondent-wife was hospitalized for 9-10 days, and an FIR was registered based on her statement. The daughter of respondent-wife, who was living with her, an amount of Rs.2,000/- per month was fixed as maintenance to be paid by appellant-husband but only some amount was paid. Despite attempts by respondent-wife’s family and community to reconcile the marriage, she claimed that the appellant-husband and his mother remained adamant. It was further asserted that respondent-