ARVINDER KAUR Vs. ARUN TULI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 28/5/2015 by which a petition filed under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act") by the respondent-husband for dissolution of his marriage by way of decree of divorce on the ground of cruelty has been allowed.

(2.) In brief, the parties solemnized their marriage on 9/2/2000 as per Hindu rites and ceremonies. It was a love marriage against the wishes of the parents of the respondent. They were blessed with a daughter, namely, Kadam on 18/6/2004. After some time, family members of the appellant started visiting her and the respondent also started visiting the paternal house of the appellant with his daughter. It is alleged that the appellant started visiting a religious sect, namely, Anandmurti Gurumaa along with her elder sister and according to the respondent, behaviour of the appellant had changed inasmuch as she had started refusing to perform her matrimonial obligations as she started spending days together in the Ashram of aforesaid Anandmurti Gurumaa leaving behind her minor daughter, without consultation/information to the respondent. It is also alleged that the appellant had left her matrimonial home which led to the filing of a petition under Sec. 9 of the Act by the respondent before the Court at Chandigarh, in which a compromise was arrived at and the said petition was withdrawn on 24/12/2011 but as per the case of the respondent, even after joining the matrimonial home, the appellant refused to perform her conjugal duties and left her matrimonial home on 20/5/2012 and lodged a false complaint to the police on 21/5/2012 against the respondent. During enquiry, the appellant made a statement that she had filed false complaint at the instance of her parents and, thus, the said complaint was filed, whereas on 20/6/2012, father of the appellant filed a false complaint and on 21/7/2012, the appellant again left her matrimonial home. The matter was reported by the respondent to the police and once again, father of the appellant made a false complaint to the police in April, 2013. The said complaint, being baseless, was also filed in view of the statement made by the appellant. It was alleged that the appellant had attacked the respondent on 25/3/2014 and the said incident was reported to the police. On 27/3/2014, the appellant again filed a false complaint to the police on the basis of which proceedings under Sec. 107/151 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") were initiated against the respondent and his parents and on 1/4/2014, the appellant once again left her matrimonial home leaving behind her minor daughter, without even informing the respondent.

(3.) The allegations made here-in-above by the respondent were denied by the appellant and it was pleaded that the bitterness in their family life was because of the interference of the family members of the respondent. However, filing of the petition under Sec. 9 of the Act by the respondent and its withdrawal on the basis of compromise was not denied. It was also not denied that the complaints were filed by the appellant but it was pleaded that it was because of the humiliation and harassment extended to her by the family members of the respondent.