Dismissing the plea of a woman seeking to set aside order of a family court which allowed divorce petition of her husband, the Punjab and Haryana High Court has said, тАЬCruelty coupled with the fact that the marriage has become dead and irretrievable, in such circumstances, no direction can be given to the husband to stay together.тАЭ
As per the case, the marriage of the appellant (woman or wife) was solemnised with the respondent (man or husband) in December, 2005. A criminal case was registered in Haryana against the man by his wife in 2009 for cruelty which was disposed of by court in December 2013. The man was acquitted of the charges levelled against him. After the acquittal, when the man went to bring his wife back, she refused to go with him. She was rude and her conduct was harsh and intolerable. He was subjected to mental torture and cruelty as the woman deserted him with an intention of not joining him. Hence, the man filed the divorce petition before the family court in Jind.
But the woman moved the high court appealing against the judgment and decree passed by the Jind family court, wherein a petition filed by her husband under Section 13 of the Hindu Marriage Act, 1955, (divorce plea) was allowed.
The woman stated that her husband and his family members were greedy and taunted her as she belongs to a very poor family. After five days of her marriage, the husband and his family members beat her up for not bringing more dowry. Thereafter, her husband left home without giving any reason and was away for six months living in Panipat, leaving her all alone at the mercy of his parents. The woman stated that she did not leave her matrimonial home on her own free will, but was shown the door without any reasonable cause. Her in-laws subjected her to mental cruelty, it was contended by the appellant (wife).
Counsel for respondent (husband), Senior Advocate Sumeet Goel, placed on record judgment of July 2015 passed by the Jind district judge, whereby in an application under Section 24 of the Hindu Marriage Act, 1955, the respondent (husband) was directed to make payment of Rs 3,000 per month and Rs 5,500 as one-time litigation expenses to the appellant (wife).
The bench of Justice Ritu Bahri and Justice Nidhi Gupta, after hearing the matter, held that during the pendency of the instant appeal, the parties were referred to mediation which failed. тАЬIn the present case, the couple does not have any child. The husband was acquitted of all the charges vide judgment dated December 7, 2013, in criminal caseтАж Filing of false complaint by the spouse would amount to matrimonial cruelty, and divorce can be grantedтАжon this ground.тАЭ
