IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 20.02.2025 Jatinder Kaur @ Chhinderpal Kaur ……Appellant Versus Ajaypal Singh …..Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Abhinav Jain, Advocate for the appellant.

SUDHIR SINGH, J.

CM-3586-CII-2025 For the reasons stated in the application, the same is allowed and the delay of 470 days in re-filing the appeal is condoned, subject to all just exceptions.

CM-3587-CII-2025 For the reasons stated in the application, the same is allowed and the delay of 78 days in filing the appeal is condoned, subject to all just exceptions.

FAO-1230-2025 Challenge in the present appeal is to the judgment and decree dated 13.03.2023 passed by learned Principal Judge, Family Court, Faridkot (for short the ‘Family Court’), whereby the petition under Section 13 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 grounds of cruelty and desertion.

2. The aforesaid petition had been filed by the respondent- husband, inter alia, pleading therein that his marriage with the appellant-wife was solemnized on 24.11.2013, according to Sikh rites and out of the said wedlock, one male child was born, who was residing with the appellant-wife. It was further alleged that there was an age gap of 15 years between the parties and their nature did not match. The appellant-wife was a short tempered lady and she used to act at the instance of her brother-Guriqbal Singh @ Gorkha. Her brother had taken lakhs of rupees from the respondent-husband and when he was asked to return the said money, there arose differences between the parties. The mother of the respondent-husband had moved an application to CM Punjab against aforesaid Guriqbal Singh; Gurminder Singh and his wife Rajwinder Kaur as the said persons wanted to grab the property of the respondent-husband and his family members. The said persons had issued threats to the mother of the respondent-husband that the appellant-wife would commit suicide after pouring oil upon her and the respondent-husband and his family members, would be sent behind the bars. The appellant-wife and her brother had snatched the car; 30 tolas gold, Rs.25 Lakh in cash and ATM card of the respondent-husband and when he went to the house of the appellant-wife, her brother had tried to kill him. He moved an application to SSP, Faridkot on 24.09.2015. The appellant-wife was always disrespectful towards the respondent-husband and his family members. Terming the aforesaid acts and conduct of the appellant- wife as cruelty and desertion, a decree of divorce had been sought for. 3. Upon notice, the appellant-wife entered appearance and filed his written statement admitting the factum of marriage and birth of the child. However, it was alleged that mother-in-law of the appellant-wife had started giving false applications against her brother (Guriqbal Singh) and even her own children. The respondent-husband and his family members started demanding Rs.20 lakh in cash from the appellant-wife and when she had expressed her inability to fulfil their demand, they started threatening to kill her and her child by mixing something in her drinks/eatables. On 23.09.2015, the respondent-husband along with 5-6 unknown persons came to the parental house of the appellant-wife and told that they had come to recover Rs.20 lakh. The parents of the appellant-wife tried to patch up the matter with the help of the Panchayat, but the respondent-husband had refused to rehabilitate the appellant-wife. The appellant-wife had been residing with her parents since December, 2014.

4. On the pleadings of the parties, the learned Family Court framed the following issues:-

“1. Whether the petitioner has been treated with cruelty? OPP

2. Whether the respondent has deserted the petitioner without any due course? OPP

3. Whether the prese