IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 24.02.2025 REENA ……Appellant Versus KARAMVEER …..Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Aman Pal, Advocate for the appellant.

SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 17.01.2025 passed by learned Additional Principal Judge, Family Court, Camp Court, Indri (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, pleading therein that his marriage with the appellant-wife was solemnized on 22.02.2014, according to Hindu rites, and out of the said wedlock, two male children were born on 16.11.2014 and 24.07.2017 respectively. It was further asserted that from the very beginning of the marriage, the behaviour of the appellant-wife was not cordial; she was a very quarrelsome lady and used to pick up the issues without any rhyme and reasons. She never served the old parents other family members of the respondent- husband and had always insulted them. She told the respondent- husband that she was in relation with another boy and did not want to reside with him. She, with the intention to meet her boyfriend, used to leave the matrimonial home in a secret manner. After the birth of the first child, the appellant-wife and her parents had quarrelled with the respondent-husband and his family members. They took the appellant- wife and the minor child to her parental home and had demanded that the respondent-husband should live separately from his parents. Because of the acts and conduct of the appellant-wife, the respondent- husband usually remained mentally and physically ill. He got himself examined from the Karnal Nursing Home, Indri and thereafter, got treatment from Dr. Ram Manohar Lohia Hospital, New Delhi and Govind Ballabh Pant Hospital, New Delhi. During examination, the Doctor asked him whether he used to take intoxicants and at that time the respondent-husband realized that the appellant-wife had mixed some intoxicant in his food due to which his health went down day by day. In February, 2016, the appellant-wife left the matrimonial home and started residing at her parental home. On the demand of the appellant-wife, the respondent-husband started residing separately from his family members to save his matrimonial life. However, in 2017, after the birth of the child, she left the matrimonial home and again started residing at her parental home. He was not allowed to meet his ailing child when the child was admitted in the hospital. The respondent-husband filed a petition under Section 9 of the Act in July, 2018 and as a counterblast thereto the appellant-wife had moved a false application to the SHO, Indri levelling false and bogus allegations. In the said application an amicable settlement was arrived at between the parties. She again filed an application to the Women Police Station, Karnal, but during investigation, all the allegations were found to be vague; her application was sent to the Mediation Centre and that finally, the matter was disposed of. Thereafter, the appellant-wife had filed a application under the Protection of Women from Domestic Violence Act, 2005. On 16.09.2018, the attempt of the appellant-wife and her brother to snatch the elder son from the custody of the respondent-husband remained unsuccessful. In an application moved by the father of the respondent-husband to the police, a compromise was effected wherein the appellant-wife clearly stated that she did not want to live in the company of the respondent- husband. Later on, the respondent-husband had withdrawn the petition under Section 9 of the Act. It was yet further alleged that she had be