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2013 DIGILAW 1350 (PNJ)

Prithvipal Singh v. Anita

2013-10-07

AJAY K.MITTAL, JASPAL SINGH

body2013
JUDGMENT The appellant-husband has filed the present appeal under Section 28 of the Hindu Marriage Act, 1955 (for short, “the Act”) against the judgment and decree dated 14.01.2010 passed by the learned District Judge, Family Court, Gurgaon, whereby the petition filed by the appellant-husband under Section 13 of the Act seeking a decree of divorce on the ground of cruelty and desertion, was dismissed. 2. The brief facts of the case are that the marriage between the parties was solemnized on 05.02.1988 as per Hindu rites and ceremonies at Sirsa. After the marriage, the appellant and respondent lived together as husband and wife but no child was born out of their wedlock. The conduct of the respondent-wife towards the appellant as well as his family members was very cruel. She often misbehaved with the appellant and ill treated his parents and other family members. She even used abusive language for them. She did not care to cook food for them and even refused to prepare tea whenever any relative or a friend of their used to visit the family of the appellant. The respondent often threatened to leave the matrimonial home as she was not satisfied with her life with the appellant. She always threatened the appellant with dire consequences if he insisted upon having sexual relations with her because she never wanted a baby at the cost of her physical look and appearance. The appellant kept on tolerating all this with the hope that she would mend herself and live in the matrimonial home peacefully but of no avail. The respondent-wife is residing with her parents since she left the matrimonial home in November, 2002. The marriage has thus irretrievably broken down. The appellant has not in any manner, condoned the acts of cruelty committed by the respondent-wife which gave rise to a reasonable apprehension in his mind that it would be injurious for him to live with her. The cruel behaviour of the respondent towards the appellant and his family members caused him physical and mental cruelty which forced the appellant to file a petition under Section 13 of the Act for dissolution of the marriage, which was dismissed by the learned District Judge, Family Court, Gurgaon vide order dated 14.01.2010. Hence the present appeal. 3. The cruel behaviour of the respondent towards the appellant and his family members caused him physical and mental cruelty which forced the appellant to file a petition under Section 13 of the Act for dissolution of the marriage, which was dismissed by the learned District Judge, Family Court, Gurgaon vide order dated 14.01.2010. Hence the present appeal. 3. During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court vide order dated July 18, 2013, for exploring the possibility of amicable settlement between the parties. 4. Vide report dated 22.07.2013, it has been reported by the Mediator that the dispute between the parties has been amicably settled and the parties have decided to dissolve the marriage, for which the respondent-wife has sought permission of this Court to amend her stand taken before the trial court. 5. In order to show her bona fides, she has filed an affidavit dated 29.09.2013 wherein, the respondent-wife has sought permission to withdraw the defence taken before the trial court and prayed that she does not want to proceed with the appeal any more. It has been stated in the affidavit that she admits all the allegations including cruelty being levelled by the appellant-husband in the petition under Section 13 of the Act. It has further been stated that she has no objection in case, the Hon'ble High Court set aside the findings of the learned trial court and accept the appeal as per grounds mentioned in the divorce petition filed by the appellant-husband. Paras 10 and 11 of the aforesaid affidavit reads as under:- “10. That keeping in view the above facts and considering the better prospects of resettlement of the applicant/wife, the deponent withdraws her defence taken before the trial court and do not want to proceed with the appeal any more. The deponent admits all the allegations including the cruelty being levelled by the appellant-husband in the aforesaid case. 11. That the applicant has no objection of any kind if the Hon'ble High Court set aside the findings of the learned trial court and accept the appeal as per grounds mentioned in the divorce petition filed by the appellant-husband.” 6. Appellant-Prithvipal Singh and respondent-Anita are present in Court today. They have been identified by their respective counsel. 11. That the applicant has no objection of any kind if the Hon'ble High Court set aside the findings of the learned trial court and accept the appeal as per grounds mentioned in the divorce petition filed by the appellant-husband.” 6. Appellant-Prithvipal Singh and respondent-Anita are present in Court today. They have been identified by their respective counsel. The statements of both the parties have been recorded on solemn affirmation, with their own free will and without any pressure or coercion from anybody. 7. Learned counsel for the parties submitted that in view of the stand taken by the respondent-wife whereby she wishes to withdraw the defence taken before the trial court and admits all the allegations of cruelty in toto levelled against her in the petition under Section 13 of the Act in terms of the compromise/agreement dated 22.07.2013, the judgment and decree dated 14.01.2010 passed by the trial court be set aside and a decree of divorce for dissolution of marriage on the grounds mentioned in the petition under Section 13 of the Act be passed by this Court. 8. In view of the above, the respondent is permitted to withdraw the defence taken before the trial court. 9. The allegations of cruelty made in the petition under Section 13 of the Act filed by the appellant have been admitted by the respondent-wife by way of filing affidavit dated 29.09.2013 in this Court. After hearing learned counsel for the parties, we are of the opinion that the impugned judgment and decree dated 14.01.2010 passed by the trial court deserves to be set aside. 10. Ordered accordingly. In view of the admission of allegations made by the respondent-wife regarding cruelty in the petition, the present appeal is allowed and a decree of divorce under Section 13 of the Act is passed. Appeal allowed.