In matrimonial proceedings, if a respondent-husband willfully defaults on court-ordered maintenance, his defence may be struck off; furthermore, a long-term irretrievable breakdown of marriage accompanied by such conduct constitutes mental cruelty, entitling the aggrieved spouse to a decree of divorce.

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VIKAS SURI, J.

1. This appeal has been filed by the appellant-wife (Manjit Kaur) assailing the judgment and decree dated 06.03.2018 passed by the learned Additional District Judge, Ludhiana, whereby her petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act’) was dismissed.

2. Succinctly, marriage of the parties was solemnized on 23.07.2006 as per Sikh rites at Ludhiana. After marriage, they cohabited as husband and wife and a daughter was born from the said wedlock on 01.09.2007, who is under the care and custody of the appellant. It has been alleged that after the marriage, the appellant found the respondent and his family members to be greedy persons. She was taunted for having brought less and substandard dowry. The appellant was, thus, harassed and humiliated on account of demand for dowry. It was further alleged that for dowry demands, the appellant was also given beatings by the respondent and his family members. She was first turned out of the matrimonial home after 1 ½ months of marriage, though, she was rehabilitated with the intervention of respectables and the mediator of the marriage, after 2 ½ months. Further, after one month of rehabilitation, the appellant was again turned out by the respondent and this time, she was rehabilitated at the intervention of panchayat. Thereafter, the appellant conceived during this period but the respondent refused to bear the expenses of child birth and hence, all expenses were borne by her parents. After the birth of a daughter, the appellant was again harassed and humiliated. The respondent and his family cursed her for giving birth to a daughter. It was further alleged that in the month of December 2008, the parents of the appellant provided furniture, utensils, bed sheets and household articles besides Rs.30,000/- for the motorcycle, yet, her plight did not change. In April 2009, she was again turned out from the matrimonial home and later rehabilitated on 12.07.2009, through a compromise effected in panchayat. In September 2009, she was again ousted from the matrimonial home and after a year, in September 2010, she was rehabilitated once more. Despite this, cruelty and maltreatment persisted. Finally on 02.05.2011, the appellant and her minor daughter were again turned out of the matrimonial home by the respondent and his family members and have since been living separately.

2.1 The appellant instituted a petition under Section 13 of the Act on 18.07.2011 for dissolution of marriage by a decree of divorce, alleging physical and mental cruelty besides having been deserted by the respondent without sufficient cause.

2.2 Upon notice of the petition, respondent contested the same by filing reply. The allegations made in the petition were denied and it was alleged that the appellant is a hot-tempered lady, who frequently left the house at regular intervals and that each time, she had to be brought by convening panchayat. It was further alleged that on 02.05.2011, the appellant left the matrimonial home in the absence of the respondent and took away all the gold ornaments and the minor daughter. The panchayat was convened on 05.06.2011 to request the appellant to join the company of the respondent but she refused. The present petition for divorce is alleged to be a counter blast to the petition filed by the respondent-husband under Section 9 of the Act.

2.3 The parties led their evidence in support of their respective pleaded case.

2.4 Upon consideration of the mater