IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 21.02.2025 HARJINDER KAUR ……Appellant Versus PARMINDER SINGH …..Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Ms. Anisha Sharma, Advocate and Mr. Lakhan Rana, Advocate for the appellant.

SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 18.01.2025 passed by learned Principal Judge, Family Court, Tarn Taran (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 ground of cruelty.

2. The aforesaid petition had been filed by the respondent- husband, inter alia, alleging therein that his marriage with the appellant-wife was solemnized on 21.02.2016, according to Sikh rites and out of the said wedlock, a male child was born on 22.09.2017, who was living with the appellant-wife against the wishes of the respondent-husband. It was further alleged that right from the beginning of the marriage, the appellant-wife used to pick-up the quarrels with the respondent-husband on petty issues and she also threatened him that in case he did not start living separately, she would commit suicide. The respondent-husband was serving in the Indian Army and whenever he would come on leave, the appellant- wife created disturbance at home and had openly refused to perform her matrimonial obligations. She was under the influence of her mother and family members and would act under their ill-advice. She had also threatened to implicate the respondent-husband and his family members in a false dowry case. She had left the matrimonial house a number of times, but every time she was brought back and that lastly she left the matrimonial home on 22.03.2021 while taking along gold ornaments and valuable clothes against the wishes of the respondent-husband. All efforts to reconcile the matter remained unsuccessful. 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 child. It was, however, alleged that the respondent-husband and his family members started taunting the appellant-wife for having brought insufficient dowry, whereas, the fact remained that sufficient dowry, including the cash amount, was given in the marriage. The respondent-husband used to misbehave with the appellant-wife on phone raising the illegal demands of a Bullet Motorcycle and cash amount of Rs.5 Lakhs. It was further alleged that at the time of the birth of the male child, the family members of the appellant-wife had given one gold ring and a valuable wrist watch to the respondent- husband, besides other valuables. Apart from that, an activa scooter 4G was also given, but the respondent-husband and his family members still remained unsatisfied. In May, 2020, the mother, brother and sister-in-law of the appellant-husband gave merciless beatings to the appellant-wife. In order to save her matrimonial alliance, the family of the appellant-wife had given Rs.2 lakh to the appellant- husband and his family members, but after sometimes they again started raising the demands for dowry. It was further alleged that the brother and sister-in-law of the respondent-husband used to instigate the respondent-husband on phone asking the respondent to put pressure upon her to fulfil their illegal demands. It was yet further alleged that on 06.02.2020, the respondent-husband and his family members in connivance with each other, turned her out of the matrimonial home. With the efforts of her mother, brother and maternal uncle and other relatives, she was rehabilitated in the matrimonial home but again on 20.03.2021, she was given merciless beatings and turned out of