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  • Mere Aggressive Behaviour Of Wife Not A Ground Of Divorce: Punjab and Haryana High Court

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Mere Aggressive Behaviour Of Wife Not A Ground Of Divorce: Punjab and Haryana High Court

Courtesy/By: Adv.Sanjeev Sirohi  |  26 Jun 2019     Views:1560

                                            It has to be candidly conceded by all of us that a Division Bench of Punjab and Haryana High Court comprising of Hon’ble Mr Justice Rakesh Kumar Jain and Hon’ble Mr Justice Harnaresh Singh Gill in a latest, landmark and extremely laudable judgment titled Ravinder Yadav Vs Padmini @ Payal in FAO-M-126-2019 (O&M) delivered on May 17, 2019 has categorically and convincingly held that mere aggressive behaviour and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home. Thus we see that the Punjab and Haryana High Court in this case dismissed a matrimonial appeal filed by a husband. The Division Bench was considering an appeal filed by a man against the Family Court order which dismissed his petition.

                       While the ball is set rolling in the first para of this notable and praiseworthy judgment authored by Hon’ble Mr Justice Harnaresh Singh Gill for himself and Hon’ble Mr Justice Rakesh Kumar Jain wherein it is pointed out that, “By way of present appeal, appellant-Ravinder Yadav has assailed the judgment and decree dated 03.04.2019 passed by the District Judge, Narnaul, vide which his petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act’) against respondent-Padmini @ Payal was dismissed.” The appellant thus wanted the Division Bench of High Court to review the judgment and decree which went against him!

                        To recapitulate, it is then pointed out in the next para that, “The facts which need to be elaborated are that the marriage of the appellant and the respondent was solemnized on 09.03.2015 as per Hindu rites and ceremonies. The marriage was consummated but no child was born out of the said wedlock. As per the allegations in the petition, the respondent-wife always imbibed with independent and modern thoughts posing herself to be a broad minded lady. Right from the next day of marriage, respondent started quarrelling with the appellant and his parents and threatened them to do everything under her command. The respondent flatly refused to perform household work and alleged that if she was compelled to do so, she would commit suicide and create problems for appellant and his family members. It was alleged that the respondent used to consume liquor and take drugs and had illicit relations with one Kuldeep Shekhawat. She was in the habit of leaving matrimonial home without informing the appellant and his family members and on asking, she used to say that nobody was allowed to interfere in her personal life. The respondent often used to make phone calls on mobile No. 9521677437 (at some places the mobile number is mentioned as 9621677437) and whenever the appellant called her she would remain busy on whatsapp and facebook with strangers and friends. The respondent even refused to share bed with the appellant which had caused mental cruelty to him. As per the appellant, the respondent left her matrimonial home on 17.04.2015 without informing him and his family members. On 06.05.2015, her father along with other respectable came to the appellant’s place and used bad words against him and his family members. The respondent also broke the Mangalsutra (Necklace) in the presence of the Panchayat members and flatly refused to live with the appellant as his wife and left her matrimonial home on 13.05.2015.”

                                          Needless to say, it is then pointed out in the next para that, “On the other hand, the respondent-wife, though admitted the factum of marriage yet specifically denied that she had ever raised her voice, rather asserted that she had followed all the social and religious customs in her matrimonial home. She alleged that the appellant is M.Sc., M.Ed. qualified and was doing job in a private school. It is also alleged that the appellant used to pressurize the respondent to bring more money from her parents and asked her parents to sell their land, but the respondent and her father did not accede to such demand of the appellant. It was the appellant and his parents, who harassed the respondent physically and mentally and used to call a Tantrik for doing black magic upon her. She had denied the factum of attempting to commit a suicide. She used to prepare the food for the appellant and his family members at proper time and used to serve the guests as well. It was also denied by the respondent that she was a wanderer or used to consume liquor or drugs. The incident dated 06.05.2015 was admitted by the respondent as her family members came to drop her back to her matrimonial home. However, she was never accepted by the appellant and his family. They tortured her and ultimately she was turned out of her matrimonial home.”

                            As things stand, it is then pointed out in the next para that, “In the present case, issues were framed on 09.05.2017 and the appellant had examined as many as five witnesses along with his mother, namely, Bhatteri Devi as PW-2.”

                   Moving on, it is then illustrated in the next para that, “On the other hand, respondent had appeared into the witness box as RW-1 along with his father and other witnesses. After taking into consideration the evidence on record, the petition under Section 13 of the Act was dismissed on the ground that marriage was solemnized on 09.03.2015 and the respondent-wife had been residing with her parents since 13.05.2015 and the present petition was filed by the appellant-husband on 25.02.2016. It was, thus, held that the allegations of cruelty remained unsubstantiated.”  

                                          After hearing both sides, it is then held in the next para that, “We have heard learned counsel for the parties and are of the view that there is no infirmity and illegality in the impugned judgment and decree passed by the trial Court.”

                                    Furthermore, it is then held in the next para that, “PW-3, namely, Vartika, in her cross examination had testified that the respondent was having illicit relations with one Kuldeep Shekhawat and his name was told to her by her friend Raveena. This witness further stated that she had come in contact with the respondent while studying and staying as a Paying Guest and had made a complaint to the owner of the P.G. regarding the behavior and conduct of the respondent-wife. Neither the owner of the P.G. stepped into the witness box to throw light on the said aspect nor any link evidence in this regard was led. Thus, the oral evidence of Vartika, PW-3 will not advance the cause of the appellant/petitioner.”

                                        What’s more, it is then pointed out in the next para that, “Though it is an admitted fact, as it had come through oral testimony, that the respondent-wife has been residing separately since 13.05.2015, but to our mind, it is the appellant, who alone is instrumental in ensuring that the respondent-wife stays away from her matrimonial home and there is no intentional cessation of cohabitation on the part of the respondent-wife nor there is any intention to desert the appellant-husband.”

                                         It cannot be lost on us that it is then made clear in the next para that, “The statutory period of two years of desertion, as envisaged under the Act, immediately preceding the presentation of the petition, had not expired, before the filing of the divorce petition by the appellant. At this stage, it would be relevant to consider Section 13(ia) and (ib) of the Act which reads as under:-

  1. Divorce

(1) Any marriage solemnised, whether before or after the commencement of this Act, may on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party

[(i) xxx          xxx               xxx

[(ia) has after the solemnization of the marriage, treated the petitioner with cruelty; or

[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or”

                                        To be sure, we thus see that it is then laid down explicitly in the next para that, “In Section 13(1)(ib) of the Act, it has been specifically laid down that desertion is to be considered for the continuous period of not less than two years, immediately preceding the presentation of the petition.”

                                         As it turned out, it is then held in this new para that, “In the case in hand, the respondent-wife has allegedly left her matrimonial home on 13.05.2015 and the present petition was filed on 25.02.2016, thus, 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 Court below.”

                                       To say the least, it is then held that, “Thus, the relief of divorce was denied because the legislation in its wisdom had framed the Act on the basis of “fault theory” and “break down theory” which was not proved in the present case.”

                                     To put things in perspective, it is then pointed out that, “In Rajni Goyal versus Amit Kumar 2015 (2) R.C.R. (Civil) 871, the Hon’ble Court has held that “adultery is a serious charge and has to be proved beyond reasonable doubt. But at the same time it is difficult to procure direct evidence for procuring such a charge. It is only from the circumstances that an inference can be drawn that the spouse against whom complaint has been made was leading an adulterous life”.”               

                          More importantly, it is then held that, “To our mind, in the present case there is ordinary wear and tear of the married life of the parties, which happens in day to day life. Mere aggressive behavior and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home.”

                          To put it succinctly, it is then aptly pointed out that, “It has been held by the Apex Court in Samar Ghosh versus Jaya Ghosh, 2007 (2) R.C.R. (Criminal) 515 that the concept of cruelty differs from person to person, depending upon his or her upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and their value system. Therefore, it is essential for the party claiming the relief to prove that a particular conduct or behaviour has resulted into cruelty to him or her. The aggrieved party has to make specific case that the conduct of the spouse had caused cruelty to him/her. It is for the Court to weigh the gravity of alleged cruelty. It has to be seen whether the conduct was such that no reasonable person would tolerate it.”

                           Finally and perhaps most importantly, it is then very rightly held that, “In the present case, no cogent evidence has been placed on record that the behaviour of respondent is uncalled for. Regarding relationship of respondent-wife with Kuldeep Shekhawat the same had not been proved and above all Kuldeep Shekhawat had not been arrayed as party in the divorce petition so that he could join the proceedings and some light could have been thrown on the allegation. As a matter of fact adultery cannot be considered without impleading the alleged adulterer as per Rule 10 of Hindu Marriage (Punjab) Rules, 1956. Rather unsubstantiated and uncorroborated testimony associating the respondent with adulterer has caused mental cruelty to the respondent. Thus nuptial knots cannot be allowed to be broken on these types of unfounded allegations of cruelty, physical or mental. In view of the above, we do not find any illegality or infirmity in the order passed by the learned trial Court, which may warrant interference by this Court in the present appeal. Hence, the present appeal is dismissed. No order as to costs.”

                                In conclusion, the Division Bench of Punjab and Haryana High Court has made it explicitly clear in this latest, landmark and extremely laudable judgment that mere aggressive behaviour of wife cannot be a ground for divorce. There have to be strong grounds on which divorce can be granted. Just mere allegations of adultery also are not sufficient to constitute a ground of divorce. It must also be proved beyond a shadow of doubt for it to be admissible in a court of law. It was held in this case that the husband failed to produce cogent evidence against the wife and therefore his petition for divorce on the ground of cruelty was rejected! It was also very rightly held that mere aggressive behaviour wife and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home! Very rightly so!


Courtesy/By: Adv.Sanjeev Sirohi  |  26 Jun 2019     Views:1560

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Regulation of Online streaming contents out of the...
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Ocean waves to be our new energy source...
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Victim Has A Right To Assist The Court In A Trial ...
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Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:808
SC Denies Permission to Conduct DNA Tests...
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Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:672
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:717
High Court of Karnataka set aside the retirement o...
07 Aug 2019     Views:851
Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:772
History-sheeter kidnaps and rapes a College Studen...
06 Aug 2019     Views:780
No Room For Sympathy While Sentencing Terror Convi...
06 Aug 2019     Views:581
Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:945
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:688
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:872
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:753
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:959
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:686
Special Olympics International Football Championsh...
03 Aug 2019     Views:669
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:1058
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:813
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:1004
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:722
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:695
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:671
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:4776
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:1149
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:658
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:654
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:783
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:576
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:563
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:667
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1026
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1242
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:660
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:707
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:587
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:1015
Centre Must Now Immediately Order Creation Of HC B...
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How To Record The Evidence Of Deaf And Dumb Rape V...
01 Jul 2019     Views:1240
Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:1465
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:1560
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:644
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:680
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:1975
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:1608
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:963
Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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“Drop This Episode From Your Minds And Gossips...
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18 May 2019     Views:687
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SC Designates 37 Lawyers As Senior Advocates...
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1652
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23 Feb 2019     Views:815
Successive Applications For Recalling Witnesses Sh...
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Autonomy Of the Bar Cannot Be Taken Over By The Co...
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04 Feb 2019     Views:1425
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1596
Death Sentence Only When The Alternative Option Is...
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SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1110
A Judicial Officer Is Not An Ordinary Government S...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Legal Article Now Bar Council ID Card Is Valid Id...
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23 Oct 2018     Views:2780
There Cannot Be Any Mechanical Denial Of Appointme...
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Extra-Judicial Confession Of Accused Need Not In A...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
08 Sep 2018     Views:1141
SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:1300
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:1921
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1008
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28 Aug 2018     Views:1592
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28 Aug 2018     Views:1205
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:960
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1039
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:1195
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1141
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1066
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1388
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1388
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1102
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:971
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1062
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2175
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:1969
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2156
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1534
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:896
SC Finally Decides Master Of Roster Case...
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Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:1036
Remove Designations Like Police, HC, Journalist, A...
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:1211
No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:1843
Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
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05 Jun 2018     Views:991
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:840
Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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Why Cases Withdrawn Against Stone Pelters In Kashm...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:843
Finance Act-2018 And Customs Act-1962 (Amendments)...
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19 Feb 2018     Views:751
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:823
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1052
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:821
Shopian Firing: Major's Dad Moving SC For Quashing...
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Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:835
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
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New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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