IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 25.02.2025 VIRENDER SINGH ……Appellant Versus URMILA …..Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Jaiveer Singh Malik, Advocate for the appellant.

SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 10.10.2024 passed by learned Principal Judge, Family Court, Bhiwani (for short the ‘Family Court’), whereby the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short ‘the Act’) filed by the respondent-wife, 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- wife, inter alia, alleging therein that her marriage with the appellant- husband was solemnized on 15.05.2010, according to Hindu rites, and out of the said wedlock, a daughter was born. It was further pleaded that the appellant-husband and his family members were not satisfied with the dowry given in the marriage and they had raised demands for a car and a buffalo. They started harassing and humiliating her for bringing inadequate dowry. Under the compelling circumstances, she started residing at Tosham, where she was appointed as an Instructor on temporary basis in ITI, Tosham. The appellant-husband and his mother used to taunt her for not giving birth to a male child. The appellant-husband use to doubt her character when she would go to ITI and other places. It was further alleged that on 07.09.2019, the appellant-husband and his mother after hatching a criminal conspiracy, poured some poisonous substance in her mouth, but somehow she was got saved. The appellant-husband also used to issue threats to kill her. In the first week of November, 2019, the appellant- husband and his mother ousted the respondent-husband from the rented house at Tosham after giving her beatings and usurping the entire Istridhan. She was compelled to lodge a criminal case bearing FIR No.75 dated 27.02.2020 under Sections 323, 498-A and 506 IPC at Police Station Siwani, against the appellant-husband and his mother. It was further alleged that the marriage between the parties had broken down irretrievably. Thus, a decree of divorce had been sought for.

3. Upon notice, the appellant-husband entered appearance and filed her written statement, admitting the factum of marriage and birth of the daughter. It was, however, alleged that the respondent- wife never remained sincere towards her matrimonial obligations and she would use a filthy language against the appellant-husband and his family members. She had insulted him in the presence of his relatives and friends and would further pick up quarrels with him. She would pressurize him to reside separately from his family. She left the company of the appellant-husband and started residing at her parental home. A Panchayat was convened but it did not yield any result. It was further alleged that the appellant-husband had joined the company of the respondent-wife at Tosham, but despite that she did not change her behaviour. On 25.11.2018, the family members of the respondent-wife visited the house of the appellant-husband and raised a demand of Rs.2 lakh and when the family members of the appellant- husband showed their inability, the father of the respondent-wife had picked up quarrels with him and forcibly took away the respondent- wife. It was further alleged that the appellant-husband had filed a petition under Section 9 of the Act for Restitution of Conjugal Rights, whereas the respondent-wife had initiated the proceedings under Section 125 Cr.P.C., against the appellant-husband. It was further alleged that the respondent-wife could not be allowed to take benefits of her own wrongs. Accordingly, a prayer was made for dismissal of the divorce petition.

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

“1. Whether petiti