IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Date of Decision: February 20, 2025 Sunita .….Appellant versus Vikas ….Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Ravinder Phogat, Advocate for the appellant.

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SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 23.08.2024 passed by learned Principal Judge, Family Court, Rohtak (for short ‘Family Court’), whereby, the petition under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act’) filed by the respondent- husband had been allowed, and the marriage between the parties was dissolved by way of a decree of divorce on the ground of cruelty.

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 01.04.2007 according to Hindu rites, and out of the said wedlock, a female child was born on 28.07.2008. The behaviour of the appellant/wife was cruel and she had never adjusted in the family of the respondent/husband. She used to leave the matrimonial home without prior permission of the respondent/husband. She would insult the respondent/husband and his family members by abusing them in front of the relatives and neighbours. She would pressurize the respondent/husband to live separately from his family and also get his property partitioned. A few days after the marriage, when the respondent/husband went to parental home of the appellant/wife to bring her back, her parents insisted that he will have to live separately at Sonepat. He was also asked to sell his ancestral properties and purchase a house at Sonepat. She had also forced the respondent/husband to provide a financial help to her younger brother and when he refused, she threatened to commit suicide and implicate him and his family members in a false case of dowry death. The respondent/husband had moved an application before the Superintendent of Police, Rohtak on 22.06.2016 and as the appellant/wife had apologized for her behaviour, a compromise was effected. It was further alleged that on 20/21.07.2018, the appellant/wife assaulted the respondent/husband with her nails, gave him bite on his private parts and pressed pillow on his mouth while he was sleeping, with an intention to kill him. The respondent/husband had moved an application before the police and he was admitted in the Civil Hospital, Rohtak and during the same night, the appellant/wife had also left the matrimonial home with her ornaments and valuable clothes while leaving the minor child behind. Several efforts to bring her back proved futile and she had registered FIR No.336 dated 21.07.2018, under Sections 323, 34, 354-A, 376, 506 and 511 IPC, against the respondent/husband and his family members. A panchayat was convened, but still the appellant/wife was adamant in not joining the company of the respondent/husband. It was further asserted that she had been living separately from the respondent/husband since 21.07.2018 without any reasonable cause.

3. Upon notice, the appellant/wife entered appearance and filed her written statement admitting the factum of marriage and birth of the child. However, it was alleged that the respondent/husband was guilty of committing cruelty to her and therefore, he should not be allowed to take benefit of his own wrongs. The allegations regarding cruelty on her part were denied and rather, it was pleaded that the entire dowry articles including gold ornaments and valuable clothes were in illegal possession of the respondent/husband and his family members. It was further alleged that the aforesaid FIR had been got registered by her against the respondent/husband and his family members due to the cruel acts done by them. She was given beatings by the respondent/husband at the instance of his family members, but the appellant/wife kept tolerating the same, as she wanted to save her matrimonial alliance. It was further alleged t