The Punjab & Haryana High Court on May 17, 2019, in the case of Ravinder Yadav v. Padmani @ Payal,
has dismissed a matrimonial appeal filed by a husband observing that mere aggressive behaviour and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home.
The Division Bench comprising of Justice Rakesh Kumar Jain
and Justice Harnaresh Singh Gill
passed the order on an appeal filed by the husband against the decision of the Family Court which dismissed his petition filed under Section 13
of the Hindu Marriage Act, 1955
. In his petition before the Family Court, the husband alleged that his wife is always imbibed with independent and modern thoughts posing herself to be a broad minded lady. She refused to do household work and threatened the appellant and his family members that she would commit suicide if she was compelled to do the work. He also alleged that she always remained busy on Whatsapp and Facebook with strangers and friends.
The appellant also suspected that she had illicit relationships. The wife denied all these allegations. Taking note of the pleadings, the Bench said: "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 behaviour and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home."
Since the husband failed to produce cogent evidence against the wife, the High Court affirmed the order of the Family Court saying that “nuptial knots cannot be allowed to be broken on these types of unfounded allegations of cruelty, physical or mental.” [Read Order]