IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.02.2025 Gurpal Singh ….Appellant Versus Parminder Kaur ….Respondent CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. H.S. Jaswal, Advocate, for the appellant-husband.

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SUDHIR SINGH, J.

The present appeal has been filed against the judgment and decree dated 07.01.2025 passed by the learned Additional Principal Judge, Family Court-I, Jalandhar (for short `the Family Court’), whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for brevity ‘the Act’) filed by the respondent-wife was allowed and 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-wife, inter-alia, pleading therein that her marriage with the appellant-husband was solemnized on 06.07.2014 as per Sikh rites, but no child was born out of the said wedlock. It was pleaded that though at the time of marriage, the parents of respondent-wife had given sufficient dowry i.e,. gifts and gold jewellery etc. to the appellant-husband and his family members, yet they were not satisfied with the same. It was further pleaded that the appellant-husband was a permanent resident of England and after marriage, he stayed in India only for one month and during that period, he had maltreated the respondent- wife. He used to turn her out of his room at night by saying that it was his private room and he had to talk with someone on phone in England. When the respondent-wife tried to persuade the appellant-husband, he used to beat her and did not behave properly. It was further pleaded that the appellant-husband was a drunkard and used to take liquor every day. Even, her mother-in-law did not support the respondent-wife in this regard. After the appellant- husband had left for England, the mother-in-law of the respondent-wife use to harass and humiliate her on the pretext of bringing insufficient dowry. She had instigated the appellant-husband against the respondent-wife. It was further pleaded that the appellant-husband had asked the respondent-wife that if she was willing to migrate to England, then she had to bring Rs.15,00,000/- from her parents. On account of the aforesaid maltreatment suffered by the respondent-wife at the hands of her mother-in-law, she remained sick and weak, but despite that she was not allowed to go for medical check-up. In the month of February, 2015, when the parents of the respondent-wife came to know about her ill condition, they took her from the matrimonial house and got her medically treated. It was further asserted that the parents of the respondent-wife convened several panchayats seeking her rehabilitation, but the appellant-husband and her mother remained adamant. The appellant-husband had refused to return the istridhan and other household articles of the respondent-wife. Thereafter, the respondent-wife filed a complaint against the appellant-husband and his family members at Police Station, Nurmahal, whereupon FIR No.11 dated 24.02.2019, under Sections 406/498-A IPC was registered against them. Previously, the respondent-wife had filed a petition under Section 13 of the Act, but the same was withdrawn by her as a compromise was effected between the parties. It was further asserted that the respondent- wife is residing separately since February, 2015 as there is no chance of reconciliation between the parties as the marriage had been irretrievably broken down. Terming the aforesaid acts and conduct of the appellant-husband as cruelty and desertion, a decree of divorce was sought for.

3. Upon notice, the appellant-husband entered appearance through his attorney/mother Smt. Siso and filed written statement admitting the factum of marriage but denying the allegations made in the petition. It was pleaded that earlier also, the respondent-wife had filed a divorce petition against the appellant-husband, which was d