P&H HC | Mere aggressive behavior and sadness of mood of wife does not qualify as a ground for divorce

Punjab and Haryana High Court:  A Division Bench of Rakesh Kumar Jain and Harnaresh Singh Gill, JJ. heard an appeal that sought divorce under Section 13 of Hindu Marriage Act, 1955.

The facts of the case at hand were that the couple got married in March, 2019 and later the respondent-wife left her matrimonial house in May 2015. In February 2016, the husband (appellant herein) filed for divorce on the grounds of blackmail, adultery and mental harassment of the husband as well as his family. The trial court rejected the relief of divorce on the ground that on the date of filing of the divorce petition, the statutory period of two years had not expired.

I.P.S Kohli, the counsel for the appellant, contended that since the very beginning of the marriage, the respondent quarrelled with her in-laws and threatened them to do everything under her command. He further claimed that she refused to do the household work and held that she would commit suicide if she was forced to do chores to create troubles for them. He further accused the respondent of adultery and for consuming alcohol and drugs. The counsel maintained that the respondent had a habit of leaving her matrimonial home without informing them and any inquiry of her whereabouts would be called as ‘interference on her personal life’. He alleged that the respondent refused to share a bed with the appellant which caused mental stress to him. He claimed that the respondent broke her mangalsutra in front of the Panchayat members and outrightly refused to live with the appellant as his wife and left her matrimonial home.

The respondent-wife, though agreed to the facts regarding the marriage, denied the accusation that she threatened to commit suicide. She also negated the facts that she refused to do household chores and in turn claimed that she would cook meals regularly and feed the family and the guests. She contended that she was pressurized to bring money from her parents and to influence them to sell their land. However, these demands were not acceded to by the respondent or her father. She added that the appellant and his parents harassed her physically and mentally. She further claimed that the appellant and his family never accepted her and turned her out of the house.

The Court observed that the allegations of cruelty remained unsubstantiated and there was no infirmity and illegality in the impugned judgment and decree passed by the trial Court. It relied on the case Rajni Goyal v. Amit Kumar, 2014 SCC OnLine P&H 24088, to rule that adultery on part of the respondent cannot be proved as there was no cogent evidence was presented by the appellant “Rather unsubstantiated and uncorroborated testimony associating the respondent with adulterer has caused mental cruelty to the respondent”. In addition to this, the Court was of the opinion that this case was of normal ‘wear and tear’ of the married life of the parties, which takes place on a daily basis in life. The Court further remarked that on the date of filing of the divorce petition, the statutory period of two years had not expired. Thus, the present divorce petition had rightly been rejected on this count by the trial court. Hence, the appeal was dismissed.[Ravinder Yadav v. Padmani, 2019 SCC OnLine P&H 1294, decided on 17-05-2019]

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