As per case facts, the respondent-husband sought divorce alleging cruelty, stating the appellant-wife refused cohabitation, demanded property, quarreled, threatened suicide, and filed false dowry allegations. The Family Court granted divorce. ...
FAO-1185-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO-1185-2025 (O&M)
Date of Decision: 26.03.2025
Sonia
...Appellant
Versus
Divesh Khullar
... Respondent
CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH
HON’BLE MRS. JUSTICE
SUKHVINDER KAUR
Present:- Mr. Rajesh Bhatheja, Advocate
for the appellant.
***
SUDHIR SINGH, J.
Challenge in the present appeal is to the
judgment and decree dated 16.11.2024 passed by the
Additional Principal Judge, Family Court, Ludhiana (for
short ‘the Family Court’), whereby the petition under
Section 13 of the Hindu Marriage Act, 1955 (for short ‘the
Act’) filed by the respondent-husband was allowed, and
FAO-1185-2025 (O&M) -2-
the marriage between the parties was dissolved by a
decree of divorce on the ground of cruelty.
2. The aforesaid petition had been filed by the
respondent-husband, inter-alia, pleading therein that his
marriage with the appellant-wife was solemnized on
22.10.2017 as per Hindu rites. No child was born out of
the said wedlock. It was further alleged that after the
marriage, the appellant-wife refused to cohabit with the
respondent-husband and told that her marriage with him
was performed against her wishes. Her behaviour was
also not good with the family of the respondent-husband
and she used to quarrel with them on petty issues. She
would remain busy in chatting and talking on mobile
phone with her family members, who used to instigate
her against the respondent-husband and his family
members. It was further alleged that she had also started
raising the demand of living separately and to get the
ownership of the property transferred in her name. It
was further alleged that on 04.11.2017, the appellant-
wife quarreled with the respondent-husband and his
family members and called her brother, who took her
with him on 05.11.2017. The brother of the appellant-
wife misbehaved with the family members of the
respondent-husband and threatened to implicate them in
false cases. She left with her brother without bothering
FAO-1185-2025 (O&M) -3-
about the medical condition of the respondent-husband,
who had suffered multiple injuries due to an accidental
fall. She was brought back on 19.11.2017, but she used
to remain in her bedroom on the first floor. She was
requested to mend her ways, but to no avail. On
24.03.2018, she quarreled with the respondent-husband
and his family members. She had pressurized the
respondent-husband for giving her divorce and told him
that in case, he did not do so, she would commit suicide
and involve them in a false case. On 07.05.2018, she
again picked-up a quarrel and broke the mobile phone of
the respondent-husband and also called her parents. On
08.05.2018, her parents took her along with them saying
that they would teach the respondent-husband a lesson.
Efforts were made to bring her back, but the same did
not yield any result. On 23.10.2018, 15-20 persons
came to the office of the respondent-husband and had
misbehaved with them. The respondent-husband had
submitted an application dated 23.10.2028 to the Police
Station, City-II, Khanna, but the police did not take any
action thereon. The appellant-wife, in connivance with
her family members, moved a false application at
Dharamkot, where the respondent-husband and his
family members were called and they were assured that
the matter would be pacified, but after some days, the
FAO-1185-2025 (O&M) -4-
authorities of the Women Cell, Moga, called them and
told that the appellant-wife had moved an application
against him and his family members. Terming the
aforesaid acts as cruelty on the part of the appellant-wife,
a decree of divorce has been sought for.
3. Upon notice, the appellant-wife entered
appearance and filed her written statement admitting the
factum of marriage. However, it was alleged that the
allegations contained in the divorce petition were false
and frivolous. It was further pleaded that the sister of the
respondent-husband was a divorcee and she was living in
her parental house. They all taunted, harassed and
humiliated the appellant-wife for bringing insufficient
dowry. She was not allowed to go outside the house. A
demand of Rs.5 Lakhs along with a car was also raised
and when she expressed her inability to meet the said
illegal demand, she had been given beatings. The
respondent-husband used to consume liquor daily and
under the influence thereof, he used to beat her. On
08.05.2018, the respondent-husband and his family
members compelled her to make a call to her parents,
whereupon her mother, brother and sister-in-law came
and took her along with them. She tried to contact the
respondent-husband on phone, but to no avail. She
along with her family members and relatives also visited
FAO-1185-2025 (O&M) -5-
his office on 23.10.2018, where he had assured them
that he would come to take her, but he never brought her
to the matrimonial home. The allegations regarding
cruelty were denied.
4. On the basis of the pleadings of the parties,
the following issues were framed by the Family Court:-
1. Whether the petitioner is entitled for
dissolution of marriage by decree of divorce?
OPP
2. Whether the petition is not maintainable
in the present form? OPR
3. Whether the petitioner has not come to
the Court with clean hands and suppressed the
material facts from this Court? OPR
4. Relief.
5. In evidence, the respondent-husband himself
appeared as PW-1 and examined PW-2 Manu Markan,
PW-3 Smt. Parvinder Kaur, Principal of Guru Nanak
Public Senior Secondary School, Dharamkot, District
Moga and PW-4 Constable Supinder Singh. On the other
hand, the appellant-wife examined herself as RW-1.
6. The learned Family Court after taking into
consideration rival contentions of the parties and
evidence on record, allowed the petition filed by the
respondent-husband, as noticed above.
7. Learned counsel appearing for the appellant-
wife has vehemently argued that the impugned judgment
and decree passed by the learned Family Court is based
on conjectures and surmises, inasmuch as the one sided
FAO-1185-2025 (O&M) -6-
evidence led by the respondent-husband has been taken
into consideration, whereas that of the appellant-wife
was totally ignored. It is further argued that vide
document Ex.C2, it was proved on record that a
compromise had been effected between the parties and
the said fact was also admitted by both the parties, but
no weightage was given to the factum of the said
compromise by the learned Family Court. It is also
argued that the appellant-wife had specifically pleaded
the atrocities committed towards her by the respondent-
husband and his family members, including his divorcee
sister, but the said aspect has been completely brushed
aside by the learned Family Court. It is further argued
that the learned Family Court has wrongly held that
there was no cohabitation between the parties, whereas
the fact remains that the respondent-husband had
nowhere pleaded in his petition that he did not have any
physical relation or sexual intercourse with the
appellant-wife. Still further, the finding that no
allegation regarding demand of Rs.5 Lakhs was levelled
in the FIR got registered by the appellant-wife against the
respondent-husband and his family members, is also
factually incorrect, as it was clearly alleged in the FIR
that the respondent-husband and his family members
had raised demands of dowry, which included the
FAO-1185-2025 (O&M) -7-
demand of the said amount of Rs.5 Lakhs as well.
Learned counsel for the appellant-wife has further argued
that merely because in her cross-examination, she had
deposed that she had never complained to the
neighbours about the demand of dowry and the atrocious
conduct of her husband and in-laws, is no ground to
hold that no harassment, humiliation or mental torture
was caused to her. It is also argued that the factum of
parties living separately for the last six years, could not
have been made the basis for outweighing the effect of
compromise Ex.C2.
8. We have heard learned counsel for the
appellant and have also gone through the impugned
judgment and decree passed by the learned Family
Court.
9. The only issue that requires consideration by
this Court is whether the impugned judgment and decree
passed by learned Family Court, requires any
interference.
10. A perusal of the findings recorded by the
learned Family Court would show that the case of the
respondent-husband was that on the second day of th e
marriage itself, the appellant-wife had refused to cohabit
with him and in his cross-examination, the respondent-
husband deposed that they did not have any physical
FAO-1185-2025 (O&M) -8-
relations and he had brought this fact to the notice of his
father as also his counsel. Thus, it was held that merely
non mentioning of the words “physical relations” and
“sex” in the divorce petition, would be no ground to
presume otherwise, when it was specifically pleaded that
there was no cohabitation between the parties. Learned
Family Court has placed reliance upon the judgment
passed by the Hon’ble Supreme Court in Samar Ghosh
vs. Jaya Ghosh, (2007) 4 SCC 511 to hold that unilateral
decision of refusal to have intercourse for considerable
period of time without there being any physical
incapacity or valid reason amounts to mental cruelty.
Similarly, it was found by the learned Family Court that
though the appellant-wife had alleged that demands of
dowry and car were raised by the respondent-husband
and his family members, but the fact remained that the
allegations regarding the demand of car did not find
mention in the FIR Ex.C3 got lodged by the appellant-
wife. In respect of the allegations regarding the beatings
given by the respondent-husband and his family
members, it was found by the learned Family Court that
in her own testimony, the appellant-wife deposed that
she did not complain in this regard to any of her
neighbours or move any complaint to the police. It was
also found that she did not disclose this fact even to her
FAO-1185-2025 (O&M) -9-
parents. Thus, the said conduct of the appellant-wife
was held to be causing serious doubt about the pleas
taken by her in the written statement.
11. It is well settled that in order to constitute
cruelty, the party alleging the same must prove on record
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.
In K. Srinivas v. K. Sunita, 2015(1) RCR
(Civil) 38, Hon'ble Apex Court observed as under
:-
“ 6. Another argument which has been
articulated on behalf of the learned counsel for
the Respondent is that the filing of the criminal
complaint has not been pleaded in the petition
itself. As we see it, the criminal complaint was
filed by the wife after filing of the husband's
divorce petition, and being subsequent events
could have been looked into by the Court. In any
event, both the parties were fully aware of this
facet of cruelty which was allegedly suffered by
the husband. When evidence was led, as also
FAO-1185-2025 (O&M) -10-
when arguments were addressed, objection had
not been raised on behalf of the Respondent-
Wife that this aspect of cruelty was beyond the
pleadings. We are, therefore, not impressed by
this argument raised on her behalf.
7. In these circumstances, we find that the
Appeal is well founded and deserves to be
allowed. We unequivocally find that the
Respondent-Wife had filed a false criminal
complaint, and even one such complaint is
sufficient to constitute matrimonial cruelty.
8. We, accordingly, dissolve the marriage of
the parties under Section 13(1)(ia) of the Hindu
Marriage Act…”
12. In Ramchander v. Ananta, (2015) 11 SCC
539, it has been held that cruelty has not been defined in
the Act and the same is to be taken as the behaviour by
one spouse towards the other. The cruelty can be
physical or mental, but such cruelty must be proved. It
was held as under:-
“ 10. The expression “cruelty” has not been
defined in the Hindu Marriage Act. Cruelty for
the purpose of Section 13(1)(i-a) is to be taken as
a behavior by one spouse towards the other,
which causes a reasonable apprehension in the
mind of the latter that it is not safe for him or
her to continue the matrimonial relationship
with the other. Cruelty can be physical or
mental. In the present case there is no allegation
of physical cruelty alleged by the plaintiff. What
is alleged is mental cruelty and it is necessarily
a matter of inference to be drawn from the facts
and circumstances of the case. It is settled law
that the instances of cruelty are not to be taken
in isolation but to take the cumulative effect of
the facts and circumstances emerging from the
FAO-1185-2025 (O&M) -11-
evidence on record and then drew a fair
inference whether the plaintiff has been
subjected to mental cruelty due to conduct of
the other spouse. In the decision in Samar
Ghosh case (Samar Ghosh v. Jaya Ghosh,
(2007) 4 SCC 511) this Court set out illustrative
cases where inference of “mental cruelty” can be
drawn and they are only illustrative and not
exhaustive”.
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
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
FAO-1185-2025 (O&M) -12-
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.
( 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
FAO-1185-2025 (O&M) -13-
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.”
13. If the findings recorded by the learned Family
Court are examined in the light of the aforesaid
judgments of the Hon’ble Supreme Court, it would come
out that the acts and conduct of the appellant-wife in
denying the access of matrimonial bliss to the
respondent-husband and further levelling false
allegations regarding demand of dowry would certainly
amount to cruelty. As per the facts on record, the parties
have been living separately since 2018. There is nothing
on record that the appellant-wife had made any effort to
either file an application under Section 9 of the Act or to
rejoin the company of the respondent-husband. Rather,
she could not rebut the stand of the respondent-husband
that she did not allow him to have cohabitation with her.
This fact clearly shows that the respondent-husband had
FAO-1185-2025 (O&M) -14-
been treated with cruelty by the appellant-wife. Another
fact, which finds mention in the finding of the learned
Family Court is the registration of the FIR. In her written
statement, the appellant-wife had specifically taken the
plea that the respondent-husband had demanded a car
from her parents, whereas no such fact was ever
mentioned in the FIR got registered by her for the
matrimonial offences. Thus, we find that the findings
recorded by the learned Family Court are plausible ones
based on the evidence led by the parties. It could not be
shown that any evidence has been misread or not taken
into consideration. Therefore, the findings recorded by
the learned Family Court do not require any interference.
14. No other point has been urged.
15. In view of the above discussion, finding no
merit in the present appeal, the same is hereby
dismissed.
16. However, we grant liberty to the appellant-wife
to move an appropriate application before learned Family
Court for grant of permanent alimony. If any such
application is filed by the appellant-wife, the same shall
be considered and decided by the Court concerned, in
accordance with law, preferably within a period of 06
months from the date of filing thereof.
FAO-1185-2025 (O&M) -15-
17. Pending application(s), if any, shall also stand
disposed of.
[ SUDHIR SINGH ]
JUDGE
[ SUKHVINDER KAUR ]
JUDGE
26.03.2025
Ajay Prasher
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Legal Notes
Add a Note....