IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 25.02.2025 SONIA ……Appellant Versus RAJESH KUMAR …..Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Satbir S. Gill, Advocate for the appellant.

SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 27.11.2024 passed by learned Principal Judge, Family Court, Jhajjar (for short the ‘Family Court’), whereby the petition under Section 13(1)(ia) and (ib) 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 24.02.2011, according to Hindu rites, and out of the said wedlock a male child was born on 26.01.2012. It was further alleged that since the very beginning of the marriage, the appellant-wife started creating troubles for the respondent-husband and his family members. She was a quarrelsome lady and used to pick up the issues without any reason. She would pressurize the respondent-husband to live separately from his family. It was further alleged that despite residing with the respondent- husband at Moga (Punjab), where the respondent-husband was posted, the appellant-wife did not change her behaviour. It was further the case of the respondent-husband that he joined a Government Job at Sonepat and shifted to Bahadurgarh as the appellant-wife was working as a Guest Teacher at Delhi. She joined the company of the respondent-husband in June, 2012, and started living with him at Bahadurgarh. Her father had also started residing with the parties in the rented accommodation at Bahadurgarh and when the respondent- husband had objected to that, the appellant-wife told him that she could not live without her parents. She had been under the influence of her parents and would leave the matrimonial house without the consent of the respondent-husband. On 15.05.2016, in the presence of the friends and relatives, the appellant-wife hurled abuses at him and turned the respondent-husband out of his home and he had to take shelter at Chottu Ram Dharamshala. On 25.05.2016, the appellant- wife left the company of the respondent-husband while taking along the minor son and her valuables and jewellery. Several Panchayats had been convened but to no avail. It was further alleged that the respondent-husband had filed a petition under Section 9 of the Act, which was decreed but despite that, the appellant-wife did not join his company. Apart from that, the respondent-husband had also filed a petition under Section 25 of the Guardians and Wards Act, 1890 for the custody of the minor child, whereas the appellant-wife had filed a petition under Section 125 Cr.P.C., seeking maintenance and that both the said petitions were pending adjudication. 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 her written statement, admitting the factum of marriage and birth of the child. She had denied all the allegations of cruelty as set out by the respondent-husband in his divorce petition. It was further alleged by her that she had been turned out of the matrimonial home by the respondent-husband after giving her beatings. It was further asserted that she had tried her level best to adjust in the matrimonial life, but the respondent-husband had made her life a hell.

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

“1. Whether the petitioner is entitled to a decree of divorce on the ground of cruelty allegedly committed by the respondent against him?

OPP

2. Whether the petitioner is entitled to a decree of divorce on the ground of