IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 11.02.2025 JYOTI ……Appellant Versus SONU …..Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Naveen S. Bhardwaj, Advocate for the appellant.

SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 18.11.2024 passed by learned Principal Judge, Family Court, Karnal (for short the ‘Family Court’), whereby, the petition under Section 13(i)(a) of the Hindu Marriage Act, 1955 (for short ‘the Act’) filed by the respondent-husband, was allowed, and the marriage between the parties was dissolved by a decree of divorce on the ground of cruelty.

2. The aforesaid petition had been filed by the respondent- husband, inter alia, averring therein that his marriage with the appellant-wife was solemnized on 26.11.2016, according to Hindu rites and out of the said wedlock, two daughters were born, who were residing with the appellant-wife. It was further alleged that from the very beginning of the marriage, the appellant-wife was very rude towards the respondent-husband and his family members. She had threatened to implicate him and his family members in false criminal cases. It was further alleged that in order to keep peace and harmony in the family, the respondent-husband and his family got separated. It was further alleged that the appellant-wife used to waste the income of the respondent-husband on luxurious items and had always refused to do the household work. The appellant-wife had always stopped the respondent-husband from meeting his parents and insisted to settle at Kurukshetra. She used to leave the house without informing the respondent-husband and upon enquiry, she would tell him that he should not interfere in her personal life. She had also extended threats to kill him. On 20.03.2018, the appellant-wife left the house in his absence and had also taken along with her the cash amount, gold and silver ornaments. She refused to rejoin his company, which led to the filing of the petition under Section 13 of the Act, but with the intervention of the near relatives and close family friends, a compromise was arrived at between the parties and the said petition was dismissed as withdrawn on 06.07.2018. However, the appellant- wife had again started maltreating and misbehaving with him, on one pretext or the other and had also slapped him. It was further asserted that the appellant-wife had raised demand of Rs.3 lakh and when the respondent-husband refused to do so, he was abused by her. On 01.02.2021, the appellant-wife left the house taking all valuable clothes and ornaments with her. On 08.02.2021, the respondent- husband applied for a personal loan and withdrew an amount of Rs.5 lakh and gave Rs.2 lakh to the brother of the appellant-wife but despite that, she refused to join his company. A Panchayat was also convened, but to no avail. Terming the aforesaid acts and conduct of the appellant-wife as cruelty, a decree of divorce had been sought for. 3. Upon notice, the appellant-wife entered appearance and filed her written statement admitting the factum of marriage and birth of the children. However, it was alleged by her that the appellant-wife and sister of the respondent-husband used to instigate him to cause cruelty to the appellant-wife for not bringing sufficient dowry and not giving the birth of a male child. It was further asserted that the respondent-husband deserted the appellant-wife on 15.02.2021 and since then, she along with her two daughters, had been residing at her parental home. The allegations regarding the picking up quarrel with the parents of the respondent-husband were denied. It was further asserted that she had never called the respondent-husband not being a man of her liking and had never refused to establish physical relations with her. It was further asserted by her that she had forced the respondent-husband to live separately at Kurukshetra. Rather, it was p