The court established that making false, scandalous, and unsubstantiated allegations against a spouse's fidelity or character during litigation constitutes clear mental cruelty, providing valid grounds for divorce, particularly when the marriage has already irretrievably broken down due to prolonged separation.

Order(Oral)

Per: Arun Monga, J

1. Appeal is directed against judgment and decree dated 04.12.2025 passed by learned Family Court/Additional District Judge, Bhadara District Hanumangarh in Civil Original Case No.128/2019, vide which the learned Judge has allowed the divorce petition of respondent-wife filed under Section 13(1) of Hindu Marriage Act.

2. Brief facts of the case are that the marriage between the appellant and the respondent was solemnized on 29.04.2018 at Village Bhanai in accordance with Hindu rites and customs. Thereafter, the respondent-wife started residing at the matrimonial home situated in Village Kharsandi. On 08.08.2019, the respondent instituted a petition under Section 13(1) of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the grounds of cruelty and desertion. In the petition, it was alleged that at the time of marriage, sufficient dowry and stridhan were given by her family, yet she was subjected to harassment and cruelty by the appellant and his family members on account of alleged dissatisfaction with dowry and further demands of cash and a car.

2.1. It was further averred by the respondent that the appellant was addicted to alcohol, behaved in a quarrelsome and abusive manner, and subjected her to physical as well as mental cruelty. According to her, she was insulted, assaulted, humiliated in front of others, and ultimately turned out of the matrimonial home, compelling her to take shelter at her parental house, where she has since been residing. It was also alleged that the appellant had deserted her, failed to maintain her, and that no child was born out of the wedlock. On these assertions, the respondent pleaded that the marriage between the parties had broken down irretrievably and sought a decree of divorce.

2.2. Upon notice, the appellant appeared before the learned Family Court and filed his reply controverting the allegations made in the petition. He asserted that the marriage between the parties was a Tekhara (exchange marriage), solemnized in a simple manner without any demand or exchange of dowry or stridhan. He denied all allegations of cruelty, alcoholism, dowry demand, abuse, assault, or desertion, and instead alleged that the respondent was quarrelsome in nature, was unwilling to reside with him, and had left the matrimonial home without any sufficient cause. The appellant further stated that he was, and continues to be, ready and willing to keep the respondent with dignity and honour.

2.3. In support of her case, the respondent examined herself as AW-1 Pooja Rani and one Ravi Kant as AW-2. In defence, the appellant examined himself as DW-1 Rakesh and Narsi as DW-2. After appreciating the pleadings, oral evidence, and material available on record, the learned Family Court, vide judgment and decree dated 04.12.2025 returned the findings in favour of the respondent. The petition filed by the respondent was thus allowed. The learned Family Court granted a decree of divorce dissolving the marriage between the parties.

2.4. Hence, the instant appeal.

3. Learned counsel for the appellant argues that the impugned Judgment and decree dated 04.12.2025 has been passed without properly appreciating the true facts and circumstances of the case and merely on the basis of statements made by the witnesses produced by the respondent. He states that the findings of the learned Trial Court are based on false, frivolous, and unsubstantiated allegations, particularly with regard to adultery, which have been wrongly attributed to the present appellant.

3.1. He further states that upon receipt of notice, the appellant duly appeared before the lear