As per case facts, the Appellant-husband filed for divorce on grounds of cruelty and desertion, alleging the Respondent-wife was ill-tempered, disrespectful, pressured him to live separately, and made false allegations. ...
FAO-M-108-2015 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO-M-108-2015 (O&M)
Reserved on:- 24.03.2025
Pronounced on:09.04.2025
Ravinder Singh
...Appellant
Versus
Kulwinderjit Kaur
...Respondent
CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH
HON’BLE MRS. JUSTICE SUKHVINDER KAUR
Present:- Ms. Shruti Sharma, Advocate,
and Mr. Kshitij Sharma, Advocate,
for the appellant.
Mr. Gourave Bhayyia Gilhotra, Advocate,
and Mr. Akash Manocha, Advocate,
for the respondent.
SUDHIR SINGH, J.
Challenge in the present appeal is to the
judgment and decree dated 31.01.2015 passed by the
learned Additional District Judge, Ludhiana (for short the
‘trial Court’), whereby the petition under Section 13 of the
Hindu Marriage Act, 1955 (for short ‘the Act’) filed by the
appellant-husband, for dissolution of marriage on the
grounds of cruelty and desertion, was dismissed.
2. The aforesaid petition had been filed by the
appellant-husband, inter-alia, pleading therein that his
marriage with the respondent-wife was solemnized on
22.01.1999 as per Sikh rites and out of the said wedlock,
FAO-M-108-2015 (O&M) -2 -
two daughters, namely Sukhmani Kaur and Nimar Kaur
were born on 09.12.2000 and 17.09.2004, respectively. It
was averred by the appellant-husband that the respondent-
wife was a short tampered lady. The behaviour of the
respondent-wife towards him and his family members had
been rude, arrogant and hostile and she had insulted the
appellant-husband many times and in this way, had caused
mental cruelty to him. It was further asserted that soon
after the marriage, the respondent-wife started pressurizing
the appellant-husband to live separately from his family
members, as she did not like the joint family. She refused to
perform the household chores. It was further the case of the
the appellant-husband that he was a reputed Punjabi singer
having good respect amongst the general public, but the
respondent-wife had threatened to spoil his career. She
used to insult his parents without any reason. She
frequently left the matrimonial home without informing the
appellant-husband and as and when, he asked her the
reason for leaving the house, she had threatened to commit
suicide. In the month of June, 2009, when the appellant-
husband was abroad in connection with his programmes,
the respondent-wife held a press conference and levelled
false allegations against him and his family members. She
had also turned the family members of the appellant-
husband out of the house and they had to take shelter in
the house of appellant’s friend. She had also filed false
complaints before the M.D. Cell, Ludhiana in 2009. It was
FAO-M-108-2015 (O&M) -3 -
further pleaded that the respondent-wife had been living
separately from the appellant-husband since 2009 and
there had been no cohabitation between the parties. Many
Panchayats were convened to rehabilitate the respondent-
wife in the matrimonial home, but to no avail.
3. Upon notice, the respondent-wife entered
appearance and filed her written statement admitting the
factum of marriage and the birth of two daughters. The
respondent-wife had pleaded that it was a love marriage,
but the parents of the appellant-husband were not happy
with the said marriage. They got annoyed after the birth of
two daughters. They wanted to throw the respondent-wife
out of the matrimonial house. It was pleaded that it was the
appellant-husband himself, who had deserted the
respondent-wife without any reason under the influence of
his parents and brother-in-law (jija), namely, Kamaljit
Shahi. Accordingly, a prayer for dismissal of the petition
was made
4. On the basis of the pleadings of the parties, the
following issues were framed by the trial Court:-
“1. Whether the respondent subjected the
petitioner to cruelty? OPP
2. Whether the respondent deserted the
petitioner without any reasonsble
cause? OPP
3. Whether the petition is not maintainable
in the present form? OPR
4. Whether the petitioner has not come to
the Court with clean hands? OPR
5. Whether the petitioner has no cause of
action to file the present petition? OPR
6. Relief.”
FAO-M-108-2015 (O&M) -4 -
5. In evidence, the appellant-husband himself
stepped into the witness box as PW-3 and examined P W-1
Sukhjinder Kaur, his mother, PW-2 Kamaljot Singh, P W-4
Karamjit Singh and PW-5 Amardeep Singh. On the oth er
hand, the respondent-wife herself appeared as RW-1 and
examined RW-2 Gurjit Singh.
6. The learned trial Court, after taking into
consideration rival contentions of the parties and evidence
on record, dismissed the petition filed by the appellant-
husband, as noticed above.
7. Learned counsel for the appellant-husband has
vehemently argued that the appellant-husband had proved
by way of evidence on record that the respondent-wife had
committed cruelty to him. It is further submitted that the
appellant-husband had duly proved before the trial Court
that the respondent-wife had put pressure upon him to
reside separately from his parents. It is further argued that
the respondent-wife had not only deserted the appellant-
husband, but also treated him with cruelty. It is yet further
argued that once the respondent-wife had withdrawn from
all matrimonial obligations and responsibilities, the
approach of the learned trial Court in denying the decree of
divorce to the appellant-husband, is not justified in law.
8. It is further argued that the parties have been
living separately since 2009 and during this long period of
more than 15 years, there has been no resumption of
marital ties between them and, thus, the matrimonial
FAO-M-108-2015 (O&M) -5 -
alliance of the parties has reached the dead end and,
accordingly, it is prayed that the decree of divorce may be
granted on the ground of long separation.
9. On the other hand, the learned counsel for the
respondent-wife, while defending the impugned judgment
and decree, has submitted that the allegations levelled by
the appellant-husband in the divorce petition, were general
and vague in nature and the same could not be proved by
way of any cogent and convincing evidence. It is further
submitted that in fact, it was the appellant-husband, who
had committed cruelty upon the respondent-wife and she
was forced to leave the matrimonial home. The appellant-
husband had failed to narrate any specific date or event as
regards the alleged cruelty committed to him. It is yet
further argued that mere long separation between the
parties, is no ground to dissolve the marriage.
10. We have heard learned counsel for the parties
and have also gone through the records of the case.
11. Indisputably, the marriage between the parties
was solemnized on 22.01.1999. The parties have been living
separately since 2009. The divorce petition was filed 2010
and the same was dismissed on 31.01.2015.
12. In view of the aforesaid factual position, in our
opinion, the following questions would arise for adjudication
in the present appeal:-
“1. Whether a long separation between the
parties, rendering the marital bond as
unworkable and its having been
FAO-M-108-2015 (O&M) -6 -
ruptured beyond repair, amounts to
mental cruelty?
2. Whether the impugned judgment and
decree passed by the learned trial
Court, requires any interference?”
13. The learned trial Court has found that the
allegations levelled against the respondent-wife regarding
the alleged cruelty committed upon him, were not proved on
record. It was further found that the appellant-husband had
also failed to prove that the respondent-wife had refused to
live in her matrimonial home. Learned trial Court, further
found that the respondent-wife had expressed her
willingness to reside with the appellant-husband and that it
was the appellant-husband, who had left the company of
the respondent-wife without any rhyme or reason.
14. Although the appellant-husband was unable to
provide evidence of physical/mental cruelty or desertion
before the Family Court, we must examine, whether the
marital relationship between the husband and wife has
ruptured beyond repair, especially when the parties have
been living separately for more than twelve years and
during this period, there has been no resumption of their
relationship and rather, on account of protracted litigation,
the same has got worsened day by day.
15. In the present case, efforts have been made firstly
to resolve the matrimonial dispute through the process of
mediation, which is one of the effective modes of alternative
mechanism in resolving the personal disputes, but the
FAO-M-108-2015 (O&M) -7 -
mediation between the parties has failed. The report dated
14.10.2015 of the Mediator, reads as under:-
“Parties have failed to settle their dispute by way of
amicable settlement. As such, the case file be sent
back to Hon’ble High Court for further adjudication.”
16. Vide order dated 09.03.2017, the matter was
again referred to the Mediation and Conciliation Centre of
this Court for an amicable settlement between the parties,
but the same could succeed. The report of the Mediator
dated 09/15.03.2017 reads as under:-
“
Despite the fact that mediation session was held for
more than three hours, the parties expressed their
unwillingness to continue further with the
proceedings and eventually, both of them desired
that the case be sent back to the Hon’ble Court for
adjudication.
”
17. Indisputably, the parties have been living
separately since 2009. In the absence of any resumption of
matrimonial obligation and cohabitation between the parties
for a long period, there is no possibility of their reunion. The
mediation proceedings before this Court, for an amicable
settlement of the dispute between the parties, remained
unsuccessful. This further speaks of the bitterness of their
relationship. Undoubtedly, it is an obligation on the part of
the Court that matrimonial bond should as far as possible,
be maintained, but when the marriage has become
unworkable and it has become totally dead, no purpose
would be served by ordering the reunion of the parties.
18. It is well settled that in order to constitute
cruelty, the party alleging the same must prove on record
FAO-M-108-2015 (O&M) -8 -
that the behaviour of the party complained against, is or
has been as such that it has made it impossible for the said
party to live in the company of the party complained
against. The acts of cruelty must be such from which it can
be reasonably and logically concluded that there cannot be
any re-union between the parties due to the said acts. The
cruelty can either be physical or mental or both. Though
there is no mathematical formula to devise the extent of
cruelty alleged against, yet the facts and circumstances of
each and every case must be examined in the light of the
gravity contained in them.
19. In Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC
511, it was held by the Hon’ble Supreme court that no
uniform standard can be laid down as regards the cruelty,
but certain instances of human behaviour, relevant in
dealing with the cases of `mental cruelty’, were formulated.
It was held by the Hon’ble Apex Court as under:-
“101. No uniform standard can ever be laid down
for guidance, yet we deem it appropriate to enumerate
some instances of human behaviour which may be
relevant in dealing with the cases of “mental cruelty”. The
instances indicated in the succeeding paragraphs are only
illustrative and not exhaustive:
(i) On consideration of complete matrimonial life of the
parties, acute mental pain, agony and suffering as would
not make possible for the parties to live with each other
could come within the broad parameters of mental
cruelty.
(ii) On comprehensive appraisal of the entire
matrimonial life of the parties, it becomes abundantly
clear that situation is such that the wronged party cannot
FAO-M-108-2015 (O&M) -9 -
reasonably be asked to put up with such conduct and
continue to live with other party.
(iii) Mere coldness or lack of affection cannot amount to
cruelty, frequent rudeness of language, petulance of
manner, indifference and neglect may reach such a
degree that it makes the married life for the other spouse
absolutely intolerable.
(iv) Mental cruelty is a state of mind. The feeling of
deep anguish, disappointment, frustration in one spouse
caused by the conduct of other for a long time may lead to
mental cruelty.
(v) A sustained course of abusive and humiliating
treatment calculated to torture, discommode or render
miserable life of the spouse.
(vi) Sustained unjustifiable conduct and behaviour of
one spouse actually affecting physical and mental health
of the other spouse. The treatment complained of and the
resultant danger or apprehension must be very grave,
substantial and weighty.
(vii) Sustained reprehensible conduct, studied neglect,
indifference or total departure from the normal standard
of conjugal kindness causing injury to mental health or
deriving sadistic pleasure can also amount to mental
cruelty.
(viii) The conduct must be much more than jealousy,
selfishness, possessiveness, which causes unhappiness
and dissatisfaction and emotional upset may not be a
ground for grant of divorce on the ground of mental
cruelty.
(ix) Mere trivial irritations, quarrels, normal wear and
tear of the married life which happens in day-to-day life
would not be adequate for grant of divorce on the ground
of mental cruelty.
(x) The married life should be reviewed as a whole and
a few isolated instances over a period of years will not
amount to cruelty. The ill conduct must be persistent for
a fairly lengthy period, where the relationship has
deteriorated to an extent that because of the acts and
behaviour of a spouse, the wronged party finds it
extremely difficult to live with the other party any longer,
may amount to mental cruelty.
FAO-M-108-2015 (O&M) -10 -
(xi) If a husband submits himself for an operation of
sterilisation without medical reasons and without the
consent or knowledge of his wife and similarly, if the wife
undergoes vasectomy or abortion without medical reason
or without the consent or knowledge of her husband,
such an act of the spouse may lead to mental cruelty.
(xii) Unilateral decision of refusal to have intercourse for
considerable period without there being any physical
incapacity or valid reason may amount to mental cruelty.
(xiii) Unilateral decision of either husband or wife after
marriage not to have child from the marriage may amount
to cruelty.
(xiv) Where there has been a long period of continuous
separation, it may fairly be concluded that the
matrimonial bond is beyond repair. The marriage
becomes a fiction though supported by a legal tie. By
refusing to sever that tie, the law in such cases, does not
serve the sanctity of marriage; on the contrary, it shows
scant regard for the feelings and emotions of the parties.
In such like situations, it may lead to mental cruelty.”
In Naveen Kohli v. Neetu Kohli, 2006 (4) SCC
558, the Hon’ble Apex Court was considering a case of
irretrievable breakdown of marriage. In the said case, the
wife had been living separately for a long time, but did not
want divorce by mutual consent only to make life of her
husband miserable. The Hon’ble Apex Court, while holding
the acts and conduct of the wife as cruelty, has held as
under:-
"62. Even at this stage, the respondent does not want
divorce by mutual consent. From the analysis and
evaluation of the entire evidence, it is clear that the
respondent has resolved to live in agony only to make life
a miserable hell for the appellant as well. This type of
adamant and callous attitude, in the context of the facts
of this case, leaves no manner of doubt in our mind that
FAO-M-108-2015 (O&M) -11 -
the respondent is bent upon treating the appellant with
mental cruelty. It is abundantly clear that the marriage
between the parties had broken down irretrievably and
there is no chance of their coming together, or living
together again. The High Court ought to have visualized
that preservation of such a marriage is totally unworkable
which has ceased to be effective and would be greater
source of misery for the parties.
xxx xxx xxx
67. The High Court ought to have considered that a
human problem can be properly resolved by adopting a
human approach. In the instant case, not to grant a
decree of divorce would be disastrous for the parties.
Otherwise, there may be a ray of hope for the parties that
after a passage of time (after obtaining a decree of divorce)
the parties may psychologically and emotionally settle
down and start a new chapter in life.
68. In our considered view, looking to the
peculiar facts of the case, the High Court was not justified
in setting aside the order of the Trial Court. In our
opinion, wisdom lies in accepting the pragmatic reality of
life and take a decision which would ultimately be
conducive in the interest of both the parties.”
Still further, in K. Srinivas Rao v. D.A. Deepa,
2013 (5) SCC 226 has observed that when a marriage is
dead for all purposes, it cannot be revived by Court's
verdict, if the parties are not willing since marriage involves
human sentiments and emotions and if they have dried up,
there is hardly any chance of their springing back to life on
account of artificial reunion created by the Court’s decree.
A Coordinate Bench of this Court in Amandeep
Goyal Vs. Yogesh Rani , 2022(1) PLR 479, while
considering the long separation of 10 years between the
parties and the factum of wife not ready and willing to give
FAO-M-108-2015 (O&M) -12 -
mutual divorce, held that the marriage was dead and it
amounts to cruelty towards the husband. The relevant
extract from the said judgment would read as under:-
“20. In the present case, it is not in dispute that both the
appellant and respondent are working as teachers on
regular basis in Government departments. Further they
are living separately since 27.07.2011. The elder son
(Manav Goyal), who is suffering from cancer, is living with
appellant- husband and the younger son (Rooham) is
staying with the mother. After living separately from her
husband for more than 10 years, the respondent- wife is
still not ready to give divorce to him.
21. The issue for consideration in the present appeal
would be whether the relationship of the husband and
wife has come to an end and if the respondent-wife is not
ready to give mutual divorce to the appellant- husband,
whether this act of her, would amount to cruelty towards
husband, keeping in view the fact that she is not staying
with her husband for the last 10 years and there is no
scope that they can cohabit as husband and wife again.
xx xx xx
32. In the present case, the appellant-husband is
looking after his son Manav Goyal since 27.07.2011 and
has borne all the expenses incurred upon his son, who is
suffering from Cancer. Thus, if the appeal filed by the
appellant-husband is dismissed, he will face mental
agony with his son, who is ill and requires repeated check
ups and treatments from various hospitals. The appellant
and the respondent are very sure that they cannot live
together as husband and wife. The appellant-husband
has shown that he also loves his second son i.e Rooham,
as he brought gifts for him on 18.08.2021 and even
respondent-wife also brought gifts for Manav Goyal. Both
the appellant and the respondent are regular government
teachers and are getting good salary and they are
bringing up one child each. If the parents are not granted
divorce, then both the children namely Manav Goyal and
Rooham Goyal will not be able to meet each other in a
positive environment. This will further result in cruelty
FAO-M-108-2015 (O&M) -13 -
because of the rigid attitude in giving divorce. Further
when the appellant and the respondent came to this
Court on 18.08.2021, they expressed their love and
affection to child, who is not staying with them. The
element of marriage which has become dead will result in
further loss to both the children. It is a right time if both
the children meet with each other in a positive
environment as the parents are finally independent. The
element of silence between the parties will result into
mental cruelty to the children, as both the siblings cannot
meet with each other. Mental cruelty will blend with
irretrievable and dead marriage is a good ground to grant
divorce to the parties.”
A Division Bench of the Chhattisgarh High Court
in Duleshwari Sahu Vs. Ramesh Kum ar Sahu,
2023 AIR
(Chhattishgarh) 95, has held that where the wife had been
residing separately from the husband for a long period
without any justifiable cause, the same would amount to
cruelty. It was held as under:-
“15. In the present matter, on perusal of the pleadings
of the respective parties and the evidence adduced by
them in support thereof, as also the admission of the
parties and their witnesses, it is found that the
respondent wife is living separately from her husband at
her parental home without any just and reasonable cause
since May, 2014. She lodged a report on 17/09/2014
against the husband under Sections 498-A, 323, 294,
506 of IPC and after trial, he was acquitted of all the
charges. This apart, the wife also made a report against
the husband and his parents under Protection of Women
from Domestic Violence Act. It is also admitted position
that the wife filed divorce petition under section 13 of the
Hindu Marriage Act which was dismissed for want of
prosecution. It is also admitted by the wife that no
application under section 9 of the Hindu Marriage Act for
restitution of conjugal rights was filed by her. It is not
disputed that the wife is working as Panchayat Secretary
and is also getting Rs. 7,000/- per month as
FAO-M-108-2015 (O&M) -14 -
maintenance. Therefore, in the given facts and
circumstances of the case, the conduct of the wife, in
light of the judgments of Hon'ble Supreme Court as
mentioned above, the act committed by the wife against
the husband amounts to cruelty and it stands proved
that she is living separately from the husband since 2014
without any just and reasonable cause. They are seems to
be no possibility of their re-union. In these
circumstances, this Court finds no illegality or perversity
in the impugned judgement of the Family Court granting
decree of divorce in favour of the husband.”
20. If the facts of the present case are examined in
the light of the law laid down by the Hon’ble Supreme Court
in the aforesaid judgments, it would come out that the
parties, who have been living separately since 2009, if
compelled to live together, would become a fiction supported
by a legal tie and it would show scant regard for the feelings
and emotions of the parties. This, it itself would amount to
mental cruelty to both the parties.
21. Still further, there is nothing on record to
indicate that since the date of filing of the divorce petition
by the appellant-husband, the respondent-wife had made
any effort to join his company or had filed any petition
under Section 9 of the Act for restitution of conjugal rights.
22. In view of the above, considering the totality of
the facts and circumstances of the case, we hold that the
marriage between the parties has become unworkable and
has reached the stage of beyond repair and if the parties are
called upon to stay together, it may lead to mental cruelty to
both of them. Question No.1 is answered in affirmative.
FAO-M-108-2015 (O&M) -15 -
24. Consequently, the present appeal is allowed. The
impugned judgment and decree passed by the learned trial
Court, is set aside and the marriage between the parties is
dissolved by a decree of divorce. Question No.2 is answered,
accordingly.
25. Decree sheet be prepared accordingly.
26. Pending application(s), if any, shall also stand
disposed of.
27. However, the respondent-wife will be at liberty to
move an appropriate application for grant of permanent
alimony before the learned trial/Family Court. We make it
clear that if, any such application is moved, the same shall
be decided by the learned Family Court in accordance with
law, preferably within a period of six months.
[ SUDHIR SINGH ]
JUDGE
[ SUKHVINDER KAUR ]
09.04.2025 JUDGE
Ajay Prasher
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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