Sonia Virk v. SURESHWAR THAKUR

Judgment

1. The appellant in the present appeal has challenged the judgment and The appellant in the present appeal has challenged the judgment and The appellant in the present appeal has challenged the judgment and The appellant in the present appeal has challenged the judgment and whereby the divorce petition filed by the appellant- whereby the divorce petition filed by the appellant decree dated 11.04.2023, whereby the divorce petition filed by the appellant decree dated 11.04.2023, a) of Hindu Marriage Act, 1955 (for short ‘HMA’) husband under Section 13 (1)(i-a) of Hindu Marriage Act, 1955 (for short ‘HMA’) a) of Hindu Marriage Act, 1955 (for short ‘HMA’) husband under Section 13 for dissolution of marriage of the appellant-husband for dissolution of marriage husband with the respondent-wife wife on the ground of cruelty has been dismissed. the ground of cruelty has been dismissed. AS PER THE PLEADINGS BRIEF FACTS OF THE CASE AS PER THE PLEADINGS BRIEF FACTS OF THE CASE

2. are that the The brief facts of the case as mentioned in the petition are that the The brief facts of the case as mentioned in the The brief facts of the case as mentioned in the marriage of the of the appellant-husband with the respondent was solemnized on respondent-wife was solemnized on eremonies. Out of the said wedlock, one 06.12.2008 as per the Hindu Rites and Ceremonies. Out of the said wedlock, one eremonies. Out of the said wedlock, one 06.12.2008 as per the Hindu R TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -2- girl child namely Ersheen was born on 13.11.2009. At girl child namely the time of marriage the 13.11.2009. At the time of marriage the al Academy at was under training as a judicial officer in the Judicial Academy at was under training as a judicial officer in the Judici appellant was under training as a judicial officer in the Judici wife, though was an Advocate, but was not in active Chandigarh and respondent-wife, though was an Advocate, but was not in active wife, though was an Advocate, but was not in active Chandigarh and respondent practice.

3. to difference between the parties on 27.11.2018 the appellant Due to difference between the parties on 27.11.2018 the appellant to difference between the parties on 27.11.2018 the appellant Due a) of the HMA on the instituted the first divorce petition under Section 13 (1) (i-a) of the HMA on the instituted the first divorce petition under Section 13 (1) instituted the first divorce petition under Section 13 (1) sole ground of cruelty. In the said petition, the petitioner gave his address of sole ground of cruelty. In the said petition, the petitioner gave his address of sole ground of cruelty. In the said petition, the petitioner gave his address of sole ground of cruelty. In the said petition, the petitioner gave his address of Zirakpur. On 04.01.2019, the appellant withdrew the aforesaid petition with Zirakpur. On 04.01.2019, the appellant withdrew the aforesaid petition with Zirakpur. On 04.01.2019, the appellant withdrew the aforesaid petition with Zirakpur. On 04.01.2019, the appellant withdrew the aforesaid petition with permission to institute a fresh petition on the same cause of action. On 08.03.2019, permission to institute a fresh petition on the same cause of action. On 08.03.2019, permission to institute a fresh petition on the same cause of action. On 08.03.2019, permission to institute a fresh petition on the same cause of action. On 08.03.2019, oner instituted second petition on the same ground but the divorce petition the petitioner instituted second petition on the same ground but the divorce petition oner instituted second petition on the same ground but the divorce petition oner instituted second petition on the same ground but the divorce petition was returned to the appellant with the observation that the Courts at Chandigarh was returned to the appellant with the observation that the Courts at Chandigarh was returned to the appellant with the observation that the Courts at Chandigarh was returned to the appellant with the observation that the Courts at Chandigarh does not have the jurisdiction to entertain the same. On 05.10.2019, the appellant does not have the jurisdiction to entertain the same. On 05.10.2019, the appellant does not have the jurisdiction to entertain the same. On 05.10.2019, the appellant does not have the jurisdiction to entertain the same. On 05.10.2019, the appellant instituted the petition under Section 13(1)( a) of HMA at SAS Nagar, Mohali. As etition under Section 13(1)(i-a) of HMA at SAS Nagar, Mohali. As a) of HMA at SAS Nagar, Mohali. As the petitioner stated himself to be resident of Zirakpur and not per the pleadings, the petitioner stated himself to be resident of Zirakpur and not the petitioner stated himself to be resident of Zirakpur and not per the pleadings Panchkula.

4. taking into consideration the evidence on After hearing the parties and taking into consideration the evidence on taking into consideration the evidence on After d Principal Judge, Family Court, SAS Nagar, Mohali dismissed record the learned Principal Judge, Family Court, SAS Nagar, Mohali dismissed d Principal Judge, Family Court, SAS Nagar, Mohali dismissed record the learne the petition under Section 13(1) (i e petition under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 for decree the Hindu Marriage Act, 1955 for decree divorce on the ground of cruelty filed by the appellant. The relevant portion of of divorce on the ground of cruelty filed by the appellant. The relevant portion of divorce on the ground of cruelty filed by the appellant. The relevant portion of divorce on the ground of cruelty filed by the appellant. The relevant portion of the judgment is reproduced as under:- the judgment is reproduced as under: “120. 120. I have gone through the written arguments submitted by I have gone through the written arguments submitted by I have gone through the written arguments submitted by both the parties and also heard the oral arguments addressed by the both the parties and also heard the oral arguments addressed by the both the parties and also heard the oral arguments addressed by the both the parties and also heard the oral arguments addressed by the ounsel for the parties as well as by the petitioner himself, who Ld. Counsel for the parties as well as by the petitioner himself, who ounsel for the parties as well as by the petitioner himself, who Ld. C argued in consonance with their respective pleadings and have gone argued in consonance with their respective pleadings and have gone argued in consonance with their respective pleadings and have gone argued in consonance with their respective pleadings and have gone TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -3- through the evidence and case file carefully. through the evidence and case file carefully. through the evidence and case file carefully.

121. 121. The petitioner has filed the present petition under Section The petitioner has filed the present petition under Section The petitioner has filed the present petition under Section a) of Hindu Marriage Act against the respondent on the 13 (1) (1a) of Hindu Marriage Act against the respondent on the a) of Hindu Marriage Act against the respondent on the 13 (1) (1 ground of Cruelty. Divorce on the ground of cruelty is being provided ground of Cruelty. Divorce on the ground of cruelty is being provided ground of Cruelty. Divorce on the ground of cruelty is being provided ground of Cruelty. Divorce on the ground of cruelty is being provided under Section 13 (1) (ia) of the Hindu Marriage Act, which is under Section 13 (1) (ia) of the Hindu Marriage Act, which is under Section 13 (1) (ia) of the Hindu Marriage Act, which is under Section 13 (1) (ia) of the Hindu Marriage Act, which is reproduced as under:- reproduced as under: Section 13 (1) (i a) of the Hindu Marriage Act provides:- Section 13 (1) (i a) of the Hindu Marriage Act Any marriage solemnized, whether before or after the Divorce – “Any marriage solemnized, whether before or after the Any marriage solemnized, whether before or after the Divorce commencement of this Act, may, on a petition presented by either the commencement of this Act, may, on a petition presented by either the commencement of this Act, may, on a petition presented by either 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 husband or the wife, be dissolved by a decree of divorce on the ground husband or the wife, be dissolved by a decree of divorce on the ground husband or the wife, be dissolved by a decree of divorce on the ground that the other party - that the other party the solemnization of the marriage, treated the i (a) has, after the solemnization of the marriage, treated the the solemnization of the marriage, treated the i (a) petitioner with cruelty.” petitioner with cruelty.” Cruelty which is a ground for dissolution of “(i) Cruelty which is a ground for dissolution of Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such marriage may be defined as wilful and unjustifiable conduct of such marriage may be defined as wilful and unjustifiable conduct of such marriage may be defined as wilful and unjustifiable conduct of such r mental, character as to cause danger to life, limb or health, bodily or mental, character as to cause danger to life, limb or health, bodily o character as to cause danger to life, limb or health, bodily o or as to give rise to reasonable apprehension of such a danger.” or as to give rise to reasonable apprehension of such a danger.” or as to give rise to reasonable apprehension of such a danger.”

122. 122. Before proceeding further, it is necessary to be ascertain Before proceeding further, it is necessary to be ascertain Before proceeding further, it is necessary to be ascertain the definition of cruelty to decide the matrimonial cases and the same the definition of cruelty to decide the matrimonial cases and the same the definition of cruelty to decide the matrimonial cases and the same the definition of cruelty to decide the matrimonial cases and the same has been reproduced as under :- has been reproduced as under efers to violent acts. However, a mere quarrel, “ Cruelty refers to violent acts. However, a mere quarrel, efers to violent acts. However, a mere quarrel, petty outrageous behaviour or differences between the spouses does petty outrageous behaviour or differences between the spouses does petty outrageous behaviour or differences between the spouses does petty outrageous behaviour or differences between the spouses does not come in the ambit of cruelty because this is something that is not come in the ambit of cruelty because this is something that is not come in the ambit of cruelty because this is something that is not come in the ambit of cruelty because this is something that is common in a day to day married life. Conducts that would amount to common in a day to day married life. Conducts that would amount to common in a day to day married life. Conducts that would amount to common in a day to day married life. Conducts that would amount to TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -4- should be grave and severe in nature. Grave violence does not cruelty should be grave and severe in nature. Grave violence does not should be grave and severe in nature. Grave violence does not cruelty always mean physical violence. Though, physical violence is an always mean physical violence. Though, physical violence is an always mean physical violence. Though, physical violence is an always mean physical violence. Though, physical violence is an essential factor that constitutes cruelty but apart from that a essential factor that constitutes cruelty but apart from that a essential factor that constitutes cruelty but apart from that a essential factor that constitutes cruelty but apart from that a treatment or mental or physical torture to treatment or mental or physical torture continuous process of ill-treatment or mental or physical torture continuous process of ill either of the spouse would also amount to cruelty.” either of the spouse would also amount to cruelty.” either of the spouse would also amount to cruelty.”

123. 123. The Hon’ble Supreme Court of India has defined the The Hon’ble Supreme Court of India has defined the The Hon’ble Supreme Court of India has defined the Cruelty is conduct in relation to or in respect of Cruelty :- Cruelty is conduct in relation to or in respect of Cruelty is conduct in relation to or in respect of Cruelty : matrimonial conduct in respect of matrimonial obligations. It is the matrimonial conduct in respect of matrimonial obligations. It is the matrimonial conduct in respect of matrimonial obligations. It is the matrimonial conduct in respect of matrimonial obligations. It is the conduct which adversely affects the spous conduct which e. Such cruelty can be either adversely affects the spouse. Such cruelty can be either physical” intention or unintentional. For example, “mental” or “physical” intention or unintentional. For example, physical” intention or unintentional. For example, “mental” or “ unintentional waking your spouse up in the middle of the night may be unintentional waking your spouse up in the middle of the night may be unintentional waking your spouse up in the middle of the night may be unintentional waking your spouse up in the middle of the night may be but it mental cruelty, intention is not an essential element of cruelty but it mental cruelty, intention is not an essential element of cruelty mental cruelty, intention is not an essential element of cruelty may be present. Physical cruelty is less ambiguous and more “a may be present. Physical cruelty is less ambiguous and more “a may be present. Physical cruelty is less ambiguous and more “a may be present. Physical cruelty is less ambiguous and more “a question of fact and degree”. question of fact and degree”.

124. 124. That mental cruelty has not been defined in the Act itself That mental cruelty has not been defined in the Act itself That mental cruelty has not been defined in the Act itself and there cannot be any comprehensive definition of the concept of and there cannot be any comprehensive definition of the concept of and there cannot be any comprehensive definition of the concept of and there cannot be any comprehensive definition of the concept of Hon’ble Apex Court while considering mental cruelty. Whereas Hon’ble Apex Court while considering Hon’ble Apex Court while considering mental cruelty. Whereas Section 13 (1) (1a) :- Section 13 (1) (1a) : Mental Cruelty : Certain guidelines :- Mental Cruelty : Certain guidelines : Mental Cruelty : Certain guidelines : Mental Cruelty-definition conclusion certain guidelines. definition conclusion-certain guidelines. There cannot be any comprehensive definition of the concept of There cannot be any comprehensive definition of the concept of There cannot be any comprehensive definition of the concept of There cannot be any comprehensive definition of the concept of nds of cases of mental cruelty can be mental cruelty within which all kinds of cases of mental cruelty can be nds of cases of mental cruelty can be mental cruelty within which all ki covered. No court should even attempt to give a comprehensive covered. No court should even attempt to give a comprehensive covered. No court should even attempt to give a comprehensive covered. No court should even attempt to give a comprehensive definition of mental cruelty. That Hon’ble Apex Court in the case definition of mental cruelty. That Hon’ble Apex Court in the case definition of mental cruelty. That Hon’ble Apex Court in the case definition of mental cruelty. That Hon’ble Apex Court in the case TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -5- Samar Ghosh Vs. Jaya Ghosh, 2007, Volume IV, SCC Page titled as Samar Ghosh Vs. Jaya Ghosh, 2007, Volume IV, SCC Page Samar Ghosh Vs. Jaya Ghosh, 2007, Volume IV, SCC Page titled as Section 13 (1) (ia) of the Act laid down No.511, while considering Section 13 (1) (ia) of the Act laid down Section 13 (1) (ia) of the Act laid down No.511, certain guidelines and relevant ultimate conclusions that :- certain guidelines and relevant ultimate conclusions that certain guidelines and relevant ultimate conclusions that On proper analysis and scrutiny of the judgments of this On proper analysis and scrutiny of the judgments of this On proper analysis and scrutiny of the judgments of this Court and other Courts, we have come to the definite conclusion that Court and other Courts, we have come to the definite conclusion that Court and other Courts, we have come to the definite conclusion that Court and other Courts, we have come to the definite conclusion that comprehensive definition of the concept of mental there cannot be any comprehensive definition of the concept of mental comprehensive definition of the concept of mental there cannot be any cruelty within which all kinds of cases of mental cruelty can be cruelty within which all kinds of cases of mental cruelty can be cruelty within which all kinds of cases of mental cruelty can be cruelty within which all kinds of cases of mental cruelty can be covered. No court in our considered view should even attempt to give covered. No court in our considered view should even attempt to give covered. No court in our considered view should even attempt to give covered. No court in our considered view should even attempt to give a comprehensive definition of mental cruelty. a comprehensive definition of mental cruelty. a comprehensive definition of mental cruelty. Human mind is extremely complex and human behavior Human mind is extremely c behavior is equally complicated. Similarly human ingenuity has no bound, equally complicated. Similarly human ingenuity has no bound, equally complicated. Similarly human ingenuity has no bound, equally complicated. Similarly human ingenuity has no bound, in one definition is therefore, to assimilate the entire human behavior in one definition is therefore, to assimilate the entire human therefore, to assimilate the entire human almost impossible. What is cruelty in one case may not amount to almost impossible. What is cruelty in one case may not amount to almost impossible. What is cruelty in one case may not amount to almost impossible. What is cruelty in one case may not amount to ncept of cruelty differs from person to cruelty in other case. The concept of cruelty differs from person to ncept of cruelty differs from person to cruelty in other case. The co person depending upon his upbringing, person depending upon his upbringing, person depending upon his upbringing, person depending upon his upbringing, level of sensitivity, level of sensitivity, level of sensitivity, level of sensitivity, educational, family and cultural background, financial position, educational, family and cultural background, financial position, educational, family and cultural background, financial position, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and social status, customs, traditions, religious beliefs, human values and social status, customs, traditions, religious beliefs, human values and social status, customs, traditions, religious beliefs, human values and their value system. their value system. No uniform standard can even be laid down for guidance, yet No uniform standard can even be laid down for guidance, yet No uniform standard can even be laid down for guidance, yet we deem it appropriate to enumerate some instances of human we deem it appropriate to enumerate some instances of human we deem it appropriate to enumerate some instances of human we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of mental behaviour which may be relevant in dealing with the cases of mental behaviour which may be relevant in dealing with the cases of mental behaviour which may be relevant in dealing with the cases of mental cruelty. The instances indicates in the succeeding paragraphs are only cruelty. The instances indicates in the succeeding paragraphs are cruelty. The instances indicates in the succeeding paragraphs are illustrative and not exhaustive. illustrative and not exhaustive. Mere trivial irritations, quarrels, normal wear and tear of the Mere trivial irritations, quarrels, normal wear and tear of the Mere trivial irritations, quarrels, normal wear and tear of the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -6- married life which happens in day to day life would not be adequate married life which happens in day to day life would not be adequate married life which happens in day to day life would not be adequate married life which happens in day to day life would not be adequate for grant of divorce on the ground of mental cruelty. for grant of divorce on the ground of mental cruelty. for grant of divorce on the ground of mental cruelty. eviewed as a whole and a few The married life should be reviewed as a whole and a few The married life should be r isolated instances over a period of years will not amount to cruelty. isolated instances over a period of years will not amount to cruelty. isolated instances over a period of years will not amount to cruelty. isolated instances over a period of years will not amount to cruelty. The ill conduct must be persistent for a fairly lengthy period, where The ill conduct must be persistent for a fairly lengthy period, where The ill conduct must be persistent for a fairly lengthy period, where The ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts the relationship has deteriorated to an extent that because of the acts the relationship has deteriorated to an extent that because of the acts the relationship has deteriorated to an extent that because of the acts f a spouse, the wronged party finds it extremely and behaviour of a spouse, the wronged party finds it extremely f a spouse, the wronged party finds it extremely and behaviour o difficult to live with the other party any longer, may amount to mental difficult to live with the other party any longer, may amount to mental difficult to live with the other party any longer, may amount to mental difficult to live with the other party any longer, may amount to mental cruelty. cruelty.

125. 125. So far as the first issue is concerned i.e. whether the So far as the first issue is concerned i.e. whether the So far as the first issue is concerned i.e. whether the to prove respondent has treated the petitioner with cruelty?, the onus to prove respondent has treated the petitioner with cruelty?, the onus respondent has treated the petitioner with cruelty?, the onus this issue is certainly upon the petitioner, who seeks divorce from the this issue is certainly upon the petitioner, who seeks divorce from the this issue is certainly upon the petitioner, who seeks divorce from the this issue is certainly upon the petitioner, who seeks divorce from the respondent-wife on the ground of cruelty respondent wife on the ground of cruelty:- Cruelty: Onus to prove- Normal and conduct of a Normal behavior and conduct of a spouse is not sufficient to constitute cruelty. The behaviour and spouse is not sufficient to constitute cruelty. The behaviour and spouse is not sufficient to constitute cruelty. The behaviour and spouse is not sufficient to constitute cruelty. The behaviour and of spouse should be so acute and of such a grave nature and conduct of spouse should be so acute and of such a grave nature and of spouse should be so acute and of such a grave nature and conduct magnitude that would made it difficult for the wronged spouse to magnitude that would made it difficult for the wronged spouse to magnitude that would made it difficult for the wronged spouse to magnitude that would made it difficult for the wronged spouse to continue in the relationship. The wronged spouse needs to prove all continue in the relationship. The wronged spouse needs to prove all continue in the relationship. The wronged spouse needs to prove all continue in the relationship. The wronged spouse needs to prove all these facts which creates such a apprehension in his/her mind. these facts which creates such a apprehension in his/her mind. these facts which creates such a apprehension in his/her mind. these facts which creates such a apprehension in his/her mind. Behaviour and conduct of the spouse is guided by their social status, Behaviour and conduct of the spouse is guided by their social status, Behaviour and conduct of the spouse is guided by their social status, Behaviour and conduct of the spouse is guided by their social status, disappointment, frustration or agitation to the wronged spouse, but disappointment, frustration or agitation to the wronged spouse, but disappointment, frustration or agitation to the wronged spouse, but disappointment, frustration or agitation to the wronged spouse, but that by itself, is not sufficient. The party who approached the court is that by itself, is not sufficient. The party who approached the court is that by itself, is not sufficient. The party who approached the court is that by itself, is not sufficient. The party who approached the court is h according to him/her expected to furnish the particular facts which according to him/her expected to furnish the particular facts whic expected to furnish the particular facts whic are of such a nature that would have caused mental cruelty of such are of such a nature that would have caused mental cruelty of such are of such a nature that would have caused mental cruelty of such are of such a nature that would have caused mental cruelty of such TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -7- that it is impossible for him/her to continue to live with the intensity that it is impossible for him/her to continue to live with the that it is impossible for him/her to continue to live with the intensity other spouse. An inference must be drawn by the Court from the other spouse. An inference must be drawn by the Court from the other spouse. An inference must be drawn by the Court from the other spouse. An inference must be drawn by the Court from the ces which need to be pleaded attending facts and circumstances which need to be pleaded ces which need to be pleaded attending facts and circumstan elaborately and specifically in the petition. elaborately and specifically in the petition. elaborately and specifically in the petition.

126. 126. That in order to discharge the onus and to prove the That in order to discharge the onus and to prove the That in order to discharge the onus and to prove the allegations so leveled by petitioner against the respondent, he himself allegations so leveled by petitioner against the respondent, he himself allegations so leveled by petitioner against the respondent, he himself allegations so leveled by petitioner against the respondent, he himself her namely Chander stepped into the witness box as PW-1 and his father namely Chander stepped into the witness box as PW stepped into the witness box as PW

2. Petitioner has also Shekhar stepped into the witness box as PW-2. Petitioner has also Shekhar stepped into the witness box as PW Shekhar stepped into the witness box as PW proved the brief summary of recordings as ExP1, pendrive containing proved the brief summary of recordings as ExP1, pendrive containing proved the brief summary of recordings as ExP1, pendrive containing proved the brief summary of recordings as ExP1, pendrive containing all the recordings is ExP2 and certificate under Section 65B of Indian all the recordings is ExP2 and certificate under Section 65B of Indian all the recordings is ExP2 and certificate under Section 65B of Indian all the recordings is ExP2 and certificate under Section 65B of Indian Evidence Act is ExP3. Evidence Act is ExP3

127. 127. Admittedly, the marriage of the parties to the petition Admittedly, the marriage of the parties to the petition Admittedly, the marriage of the parties to the petition was solemnized on 06.12.2008 and after marriage, both the petitioner was solemnized on 06.12.2008 and after marriage, both the petitioner was solemnized on 06.12.2008 and after marriage, both the petitioner was solemnized on 06.12.2008 and after marriage, both the petitioner and respondent initially cohabited and resided together as husband and respondent initially cohabited and resided together as husband and respondent initially cohabited and resided together as husband and respondent initially cohabited and resided together as husband and wife and one girl child has been born out of the wedlock of the and wife and one girl child has been born out of the wedlock of and wife and one girl child has been born out of the wedlock of and wife and one girl child has been born out of the wedlock of parties. The present petition has been filed by the petitioner seeking parties. The present petition has been filed by the petitioner seeking parties. The present petition has been filed by the petitioner seeking parties. The present petition has been filed by the petitioner seeking divorce from the respondent on the ground of cruelty. The petitioner in divorce from the respondent on the ground of cruelty. The petitioner in divorce from the respondent on the ground of cruelty. The petitioner in divorce from the respondent on the ground of cruelty. The petitioner in 1/A has averred that he was his petition as well as affidavit ExPW-1/A has averred that he was his petition as well as affidavit ExPW his petition as well as affidavit ExPW ndent. The petitioner in subjected to cruelty at the hands of respondent. The petitioner in subjected to cruelty at the hands of respo subjected to cruelty at the hands of respo order to prove the ground of cruelty committed upon him by the order to prove the ground of cruelty committed upon him by the order to prove the ground of cruelty committed upon him by the order to prove the ground of cruelty committed upon him by the respondent has relied upon the Whatsapp & text messages and audio respondent has relied upon the Whatsapp & text messages and audio respondent has relied upon the Whatsapp & text messages and audio respondent has relied upon the Whatsapp & text messages and audio recordings, wherein petitioner alleges that abusive, filthy and recordings, wherein petitioner alleges that abusive, filthy and recordings, wherein petitioner alleges that abusive, filthy and recordings, wherein petitioner alleges that abusive, filthy and ioner, his family members and offensive words used against the petitioner, his family members and offensive words used against the petit offensive words used against the petit his official staff members have been used and the same have been his official staff members have been used and the same have been his official staff members have been used and the same have been his official staff members have been used and the same have been TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -8- recorded during different conversations between him and respondent. recorded during different conversations between him and respondent. recorded during different conversations between him and respondent. recorded during different conversations between him and respondent. The petitioner in his pleadings have averred about several instances The petitioner in his pleadings have averred about several instances The petitioner in his pleadings have averred about several instances The petitioner in his pleadings have averred about several instances n him by the respondent and has alleged that of cruelty committed upon him by the respondent and has alleged that n him by the respondent and has alleged that of cruelty committed upo the respondent always used filthy language towards him using such the respondent always used filthy language towards him using such the respondent always used filthy language towards him using such the respondent always used filthy language towards him using such unacceptable abusive words i.e. “Behanchod”, “Bastard” and unacceptable abusive words i.e. “Behanchod”, “Bastard” and unacceptable abusive words i.e. “Behanchod”, “Bastard” and unacceptable abusive words i.e. “Behanchod”, “Bastard” and “Haramzada/Haramzadi” etc. “Haramzada/Haramzadi” etc.

128. 128. That, it has already mentioned in forgoing paras of the That, it has already mentioned in forgoing paras of t That, it has already mentioned in forgoing paras of t Judgment, petitioner himself addressed the oral arguments and during Judgment, petitioner himself addressed the oral arguments and during Judgment, petitioner himself addressed the oral arguments and during Judgment, petitioner himself addressed the oral arguments and during addressing of oral arguments by petitioner, he has also much stressed addressing of oral arguments by petitioner, he has also much stressed addressing of oral arguments by petitioner, he has also much stressed addressing of oral arguments by petitioner, he has also much stressed upon the fact that respondent i.e. his wife used abusive language for upon the fact that respondent i.e. his wife used abusive language for upon the fact that respondent i.e. his wife used abusive language for upon the fact that respondent i.e. his wife used abusive language for following words in hindi him and his family members and he utter the following words in hindi him and his family members and he utter the him and his family members and he utter the “Wo mujhe galiyan bhi nikalti thi”. That there is no denial of the fact “Wo mujhe galiyan bhi nikalti thi”. That there is no denial of the fact “Wo mujhe galiyan bhi nikalti thi”. That there is no denial of the fact “Wo mujhe galiyan bhi nikalti thi”. That there is no denial of the fact that it has come on record that a word “Behanchod” was used by the that it has come on record that a word “Behanchod” was used by the that it has come on record that a word “Behanchod” was used by the that it has come on record that a word “Behanchod” was used by the respondent. As per the Whatsapp messages, the copy of the same has respondent. As per the Whatsapp messages, the copy of the same has respondent. As per the Whatsapp messages, the copy of the same has respondent. As per the Whatsapp messages, the copy of the same has though, this word was shown to be been produced on record, though, this word was shown to be though, this word was shown to be been produced on record, addressed to the petitioner by the respondent in Whatsapp chats. As addressed to the petitioner by the respondent in Whatsapp chats. As addressed to the petitioner by the respondent in Whatsapp chats. As addressed to the petitioner by the respondent in Whatsapp chats. As per the own version of the petitioner, the said message has been sent per the own version of the petitioner, the said message has been sent per the own version of the petitioner, the said message has been sent per the own version of the petitioner, the said message has been sent by the respondent to petitioner and this conversation/chat remains to by the respondent to petitioner and this conversation/chat remains to by the respondent to petitioner and this conversation/chat remains to by the respondent to petitioner and this conversation/chat remains to affair between the husband and wife unless the same be a personal affair between the husband and wife unless the same affair between the husband and wife unless the same be a personal have been shown to the brother and father of respondent by the have been shown to the brother and father of respondent by the have been shown to the brother and father of respondent by the have been shown to the brother and father of respondent by the petitioner himself. petitioner himself.

129. 129. It is relevant to mention here that the above said abusive It is relevant to mention here that the above said abusive It is relevant to mention here that the above said abusive Whatsapp word is not the only word used by the respondent during Whatsapp word is not the only word used by the respondent during word is not the only word used by the respondent during between the petitioner and the respondent. So, similarly the use of between the petitioner and the respondent. So, similarly the use of between the petitioner and the respondent. So, similarly the use of between the petitioner and the respondent. So, similarly the use of TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -9- other abusive words as stated by the petitioner that has come other abusive words as stated by the petitioner that has come other abusive words as stated by the petitioner that has come other abusive words as stated by the petitioner that has come spontaneously as a outcome of the reaction of the respondent, who is spontaneously as a outcome of the reaction of the respondent, who is spontaneously as a outcome of the reaction of the respondent, who is spontaneously as a outcome of the reaction of the respondent, who is not going through a normal matrimonial life. not going through a normal matrimonial life. not going through a normal matrimonial life.

130. 130 That it is pertinent to mention here that it is settled law That it is pertinent to mention here that it is settled law That it is pertinent to mention here that it is settled law by the Hon’ble Apex Court that there is no straight jacket formula to by the Hon’ble Apex Court that there is no straight jacket formula to by the Hon’ble Apex Court that there is no straight jacket formula to by the Hon’ble Apex Court that there is no straight jacket formula to laid down the circumstances and acts of other spouse, which falls laid down the circumstances and acts of other spouse, which falls laid down the circumstances and acts of other spouse, which falls laid down the circumstances and acts of other spouse, which falls case depends within the ambit of physical and mental cruelty. So, each case depends within the ambit of physical and mental cruelty. So, each within the ambit of physical and mental cruelty. So, each upon the different facts and different footings. It is an admitted fact upon the different facts and different footings. It is an admitted fact upon the different facts and different footings. It is an admitted fact upon the different facts and different footings. It is an admitted fact that petitioner himself is a judicial officer in the rank of Additional that petitioner himself is a judicial officer in the rank of Additional that petitioner himself is a judicial officer in the rank of Additional that petitioner himself is a judicial officer in the rank of Additional District & Sessions Judge and the respondent has represented the District & Sessions Judge and the respondent has represented the District & Sessions Judge and the respondent has represented the District & Sessions Judge and the respondent has represented the t Advocate General and she happens State being serving as a Assistant Advocate General and she happens t Advocate General and she happens State being serving as a Assistan to be the daughter of an IPS Officer. One thing is crystal clear that to be the daughter of an IPS Officer. One thing is crystal clear that to be the daughter of an IPS Officer. One thing is crystal clear that to be the daughter of an IPS Officer. One thing is crystal clear that both are highly educated and it cannot be expected from highly both are highly educated and it cannot be expected from highly both are highly educated and it cannot be expected from highly both are highly educated and it cannot be expected from highly educated people to use such filthy and abusive language. Though, it is educated people to use such filthy and abusive language. Though, it is educated people to use such filthy and abusive language. Though, it is educated people to use such filthy and abusive language. Though, it is or the wife to address her husband with such like not appropriate for the wife to address her husband with such like or the wife to address her husband with such like not appropriate f words but as already discussed above, these words have not been words but as already discussed above, these words have not been words but as already discussed above, these words have not been words but as already discussed above, these words have not been showered exclusively just to demean her husband but these words showered exclusively just to demean her husband but these words showered exclusively just to demean her husband but these words showered exclusively just to demean her husband but these words have been written in continuation with the other words, when both the have been written in continuation with the other words, when both the have been written in continuation with the other words, when both the have been written in continuation with the other words, when both the er as well as respondent was having the tiff over the issues and petitioner as well as respondent was having the tiff over the issues and er as well as respondent was having the tiff over the issues and petition coming of these words from the mouth of respondent shows the level coming of these words from the mouth of respondent shows the level coming of these words from the mouth of respondent shows the level coming of these words from the mouth of respondent shows the level of frustration given to her by the petitioner. It is relevant to mention of frustration given to her by the petitioner. It is relevant to mention of frustration given to her by the petitioner. It is relevant to mention of frustration given to her by the petitioner. It is relevant to mention he petitioner here the Whatsapp chat which has been produced by the petitioner here the Whatsapp chat which has been produced by t here the Whatsapp chat which has been produced by t himself, wherein the respondent is stating that: - himself, wherein the respondent is stating that himself, wherein the respondent is stating that “ I am glad… I am abusing….. at least I am returning “ I am glad… I am abusing….. at least I am returning “ I am glad… I am abusing….. at least I am returning TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -10- what I got from you” what I got from you”

131. 131. This clearly shows that the respondent has not been This clearly shows that the respondent has not been This clearly shows that the respondent has not been eactions and its treated well by the petitioner. So certainly, these are reactions and its treated well by the petitioner. So certainly, these are r treated well by the petitioner. So certainly, these are r a natural phenomena that reactions are bound to occur of any kind of a natural phenomena that reactions are bound to occur of any kind of a natural phenomena that reactions are bound to occur of any kind of a natural phenomena that reactions are bound to occur of any kind of actions. actions.

132. 132. That even one of the Whatsapp message send on That even one of the Whatsapp message send on That even one of the Whatsapp message send on “And you have been abusing and beating me heavily 09.08.2018 i.e. “And you have been abusing and beating me heavily “And you have been abusing and beating me heavily 09.08.201 n posted.. I haven’t left your in all the respective district you have been posted.. I haven’t left your in all the respective district you have bee in all the respective district you have bee house.. you stand for staff when abuse them.. sadly my mistake… I am house.. you stand for staff when abuse them.. sadly my mistake… I am house.. you stand for staff when abuse them.. sadly my mistake… I am house.. you stand for staff when abuse them.. sadly my mistake… I am awarded violent and abusive man”. raising a child of most awarded violent and abusive man”. raising a child of “ But don’t trouble The other messages sent on same date i.e. “ But don’t trouble The other messages sent on same date i.e have noticed that I have not me… for day to day work… you must have noticed that I have not me… for day to day work… you must me… for day to day work… you must made a single call you from months… till your staff was behaving made a single call you from months… till your staff was behaving made a single call you from months… till your staff was behaving made a single call you from months… till your staff was behaving properly… I am big mad… you purposely trouble me through your properly… I am big mad… you purposely trouble me through your properly… I am big mad… you purposely trouble me through your properly… I am big mad… you purposely trouble me through your staff… and defame me” & “I am abusing your staff and servants.. I staff… and defame me” & “I am abusing your staff and servants.. I staff… and defame me” & “I am abusing your staff and servants.. I staff… and defame me” & “I am abusing your staff and servants.. I ou lie to me and defame me.. am not part of life and family… you lie to me and defame me.. am not part of life and family… y am not part of life and family… y blackmailing me… going to my parents and proving me wrong every blackmailing me… going to my parents and proving me wrong every blackmailing me… going to my parents and proving me wrong every blackmailing me… going to my parents and proving me wrong every time won’t help me.” time won’t help me.” That even the respondent has send a message which is That even the respondent has send a message which is That even the respondent has send a message which is reproduced below : reproduced below : “ Remember … you use to call me gashti” “ Remember … you use to call me gashti”

133. 133. ashti’ is concerned, it is very So far as this word ‘Gashti’ is concerned, it is very So far as this word ‘G unacceptable and cheap word and to be used in the vernacular for the unacceptable and cheap word and to be used in the vernacular for the unacceptable and cheap word and to be used in the vernacular for the unacceptable and cheap word and to be used in the vernacular for the ladies, who are not carrying good reputation in the society. So, the use ladies, who are not carrying good reputation in the society. So, the use ladies, who are not carrying good reputation in the society. So, the use ladies, who are not carrying good reputation in the society. So, the use TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -11- of this word particularly by the husband for his legally wedded wife of this word particularly by the husband for his legally wedded wife of this word particularly by the husband for his legally wedded wife of this word particularly by the husband for his legally wedded wife d to acceptable one rather the use of this word for the cannot be said to acceptable one rather the use of this word for the d to acceptable one rather the use of this word for the cannot be sai wife amounts to cruelty towards his wife. wife amounts to cruelty towards his wife. wife amounts to cruelty towards his wife.

134. 134. That so far as this previously mentioned message is That so far as this previously mentioned message is That so far as this previously mentioned message is concerned, upon analysing the same, it shows that the respondent was concerned, upon analysing the same, it shows that the respondent was concerned, upon analysing the same, it shows that the respondent was concerned, upon analysing the same, it shows that the respondent was from the acts and conduct of the frustrated and was deeply hurt from the acts and conduct of the from the acts and conduct of the frustrated and was deeply hurt petitioner. These chats are between the husband and wife as already petitioner. These chats are between the husband and wife as already petitioner. These chats are between the husband and wife as already petitioner. These chats are between the husband and wife as already stated above and the same should not have come/circulated in the stated above and the same should not have come/circulated in the stated above and the same should not have come/circulated in the stated above and the same should not have come/circulated in the public domain, unless and until the same have been put by the public domain, unless and until the same have been put by the public domain, unless and until the same have been put by the public domain, unless and until the same have been put by the shown the same to the brother and the petitioner himself as he has shown the same to the brother and the shown the same to the brother and the petitioner himself as he has father of the respondent only. father of the respondent only.

135. 135. This fact has been strongly supported with the message of This fact has been strongly supported with the message of This fact has been strongly supported with the message of keep on writing. Good for petitioner himself sent to respondent i.e. “ keep on writing. Good for petitioner himself sent to respondent i.e. “ petitioner himself sent to respondent i.e. “ me”. It can be easily presumed that the petitioner me”. has already raises It can be easily presumed that the petitioner has already raises

issues with respondent and it can be easily said that he firstly ignite issues with respondent and it can be easily said that he firstly ignite issues with respondent and it can be easily said that he firstly ignite issues with respondent and it can be easily said that he firstly ignite the lit and started recording the conversation with the respondent and the lit and started recording the conversation with the respondent and the lit and started recording the conversation with the respondent and the lit and started recording the conversation with the respondent and the respondent being already frustrated with the acts and conduct of the respondent being already frustrated with the acts and conduct of the respondent being already frustrated with the acts and conduct of the respondent being already frustrated with the acts and conduct of nding messages to the petitioner, who during the petitioner started sending messages to the petitioner, who during nding messages to the petitioner, who during the petitioner started se the collection of relevant messages of respondent replied “ Keep on the collection of relevant messages of respondent replied “ Keep on the collection of relevant messages of respondent replied “ Keep on the collection of relevant messages of respondent replied “ Keep on writing, good for me”. The petitioner instead of making efforts to save writing, good for me”. The petitioner instead of making efforts to save writing, good for me”. The petitioner instead of making efforts to save writing, good for me”. The petitioner instead of making efforts to save his married life, had already made up his mind to make himself free his married life, had already made up his mind to make himself free his married life, had already made up his mind to make himself free his married life, had already made up his mind to make himself free m the nuptial knot with respondent. So, it becomes crystal clear from the nuptial knot with respondent. So, it becomes crystal clear m the nuptial knot with respondent. So, it becomes crystal clear m the nuptial knot with respondent. So, it becomes crystal clear that petitioner himself is initiating and poking the respondent to come that petitioner himself is initiating and poking the respondent to come that petitioner himself is initiating and poking the respondent to come that petitioner himself is initiating and poking the respondent to come into aggression. into aggression TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -12-

136. 136. That after perusing these messages, which have been sent That after perusing these messages, which have been sent That after perusing these messages, which have been sent clearly shows that it was not a on one particular date i.e. 09.08.2018 clearly shows that it was not a on one particular date i.e. 09.08.2018 on one particular date i.e. 09.08.2018 regular practice for the respondent to use this kind of language regular practice for the respondent to use this kind of language regular practice for the respondent to use this kind of language regular practice for the respondent to use this kind of language against the petitioner. However, these circumstances were created and against the petitioner. However, these circumstances were created and against the petitioner. However, these circumstances were created and against the petitioner. However, these circumstances were created and she was compelled to use these kinds of words out of frustration and she was compelled to use these kinds of words out of frustration and she was compelled to use these kinds of words out of frustration and she was compelled to use these kinds of words out of frustration and as taken advantage of such a situation to collect petitioner himself has taken advantage of such a situation to collect as taken advantage of such a situation to collect petitioner himself h the messages and audio conversations recorded between them, which the messages and audio conversations recorded between them, which the messages and audio conversations recorded between them, which the messages and audio conversations recorded between them, which he himself considered to be relevant and useful for him. he himself considered to be relevant and useful for him. he himself considered to be relevant and useful for him.

137. 137. Petitioner being a judicial officer is fully knowing that Petitioner being a judicial officer is fully knowing that Petitioner being a judicial officer is fully knowing that nt or irrelevant to prove his case by collecting or what will be relevant or irrelevant to prove his case by collecting or nt or irrelevant to prove his case by collecting or what will be releva recording the conversations. The petitioner himself in his cross- recording the conversations. The petitioner himself in his cross recording the conversations. The petitioner himself in his cross recording the conversations. The petitioner himself in his cross examination has admitted the fact that “ I have deleted the examination has admitted the fact that “ I have deleted the examination has admitted the fact that “ I have deleted the examination has admitted the fact that “ I have deleted the conversation which were initiated from my side also, wherein, she conversation which were initiated from my side also, wherein, she conversation which were initiated from my side also, wherein, she conversation which were initiated from my side also, wherein, she o owing to the fact that they were not relevant for my took part also owing to the fact that they were not relevant for my o owing to the fact that they were not relevant for my took part als purpose and due to storage issues. It was for me to decide as to which purpose and due to storage issues. It was for me to decide as to which purpose and due to storage issues. It was for me to decide as to which purpose and due to storage issues. It was for me to decide as to which conversation was to be retained or not.” So, it is very much clear that conversation was to be retained or not.” So, it is very much clear that conversation was to be retained or not.” So, it is very much clear that conversation was to be retained or not.” So, it is very much clear that which have whether it is Whatsapp Chat or it is audio conversations, which have whether it is Whatsapp Chat or it is audio conversations, whether it is Whatsapp Chat or it is audio conversations, been proved in the shape of Pendrive as ExP2 and brief summary of been proved in the shape of Pendrive as ExP2 and brief summary of been proved in the shape of Pendrive as ExP2 and brief summary of been proved in the shape of Pendrive as ExP2 and brief summary of recordings as ExP1 respectively, the petitioner chose the method of recordings as ExP1 respectively, the petitioner chose the method of recordings as ExP1 respectively, the petitioner chose the method of recordings as ExP1 respectively, the petitioner chose the method of pick and chose only to support his contentions as per his pleadings. pick and chose only to support his contentions as per his pleadings. pick and chose only to support his contentions as per his pleadings. pick and chose only to support his contentions as per his pleadings.

138. 138. That even during That even during on, the cross-examination, the cross though though petitioner himself has admitted the fact that he has deleted some of the petitioner himself has admitted the fact that he has deleted some of the petitioner himself has admitted the fact that he has deleted some of the petitioner himself has admitted the fact that he has deleted some of the recordings but he denied the fact that there is editing in the said recordings but he denied the fact that there is editing in the said recordings but he denied the fact that there is editing in the said recordings but he denied the fact that there is editing in the said recordings. Thus, the court has considered the fact that some of the recordings. Thus, the court has considered the fact that some of the recordings. Thus, the court has considered the fact that some of the recordings. Thus, the court has considered the fact that some of the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -13- been admitted by the recordings have been deleted as has already been admitted by the recordings have been deleted as recordings have been deleted as examination. However, the petitioner retained petitioner in his cross-examination. However, the petitioner retained examination. However, the petitioner retained petitioner in his cross to him only those recordings presuming that the same are favorable to him only those recordings presuming that the same are only those recordings presuming that the same are but at the same time, he has failed to specify what was the specific and but at the same time, he has failed to specify what was the specific and but at the same time, he has failed to specify what was the specific and but at the same time, he has failed to specify what was the specific and ns for him to delete the other recordings from his compelling reasons for him to delete the other recordings from his ns for him to delete the other recordings from his compelling reaso mobile phone. Even during the course of arguments, his counsel mobile phone. Even during the course of arguments, his counsel mobile phone. Even during the course of arguments, his counsel mobile phone. Even during the course of arguments, his counsel vehemently argued that the petitioner himself has offered original vehemently argued that the petitioner himself has offered original vehemently argued that the petitioner himself has offered original vehemently argued that the petitioner himself has offered original chief as well as mobile phone in the Court when his examination-in-chief as well as mobile phone in the Court when his examination mobile phone in the Court when his examination examination was conducted. That even for the sake of his cross-examination was conducted. That even for the sake of examination was conducted. That even for the sake of his cros repetition, I would like to refer here that when the admission of repetition, I would like to refer here that when the admission of repetition, I would like to refer here that when the admission of repetition, I would like to refer here that when the admission of petitioner has come on record that he has deleted some of recordings, petitioner has come on record that he has deleted some of recordings, petitioner has come on record that he has deleted some of recordings, petitioner has come on record that he has deleted some of recordings, then the offer so made by the petitioner before the Court for then the offer so made by the petitioner before the Court for then the offer so made by the petitioner before the Court for then the offer so made by the petitioner before the Court for ducing the original mobile phone at the time of his examination- producing the original mobile phone at the time of his examination -in- examination does not have any kind of chief as well as his cross-examination does not have any kind of examination does not have any kind of chief as well as his cross significance at all. significance at all.

139. 139. The petitioner in his affidavit has further stated that The petitioner in his affidavit has further stated that The petitioner in his affidavit has further stated that r basis and even on petty respondent used to pick quarrel on regular basis and even on petty respondent used to pick quarrel on regula respondent used to pick quarrel on regula issues to harass and humiliate the petitioner. The petitioner in his issues to harass and humiliate the petitioner. The petitioner in his issues to harass and humiliate the petitioner. The petitioner in his issues to harass and humiliate the petitioner. The petitioner in his affidavit has further mentioned that he being a judicial officer always affidavit has further mentioned that he being a judicial officer always affidavit has further mentioned that he being a judicial officer always affidavit has further mentioned that he being a judicial officer always tried to make the situation pacify patiently. Respondent always used to tried to make the situation pacify patiently. Respondent always used to tried to make the situation pacify patiently. Respondent always used to tried to make the situation pacify patiently. Respondent always used to itioner is a jerk, is still a jerk and will remain a jerk”. say that “the petitioner is a jerk, is still a jerk and will remain a jerk”. itioner is a jerk, is still a jerk and will remain a jerk”. say that likable person, especially one, who is cruel, Meaning of Jerk is “an likable person, especially one, who is cruel, likable person, especially one, who is cruel, Meaning of Jerk is Whether use of this word by the rude, or small minded a selfish jerk.” Whether use of this word by the rude, or small minded a selfish jerk.” rude, or small minded a selfish jerk.” not. When the respondent against the petitioner amounts to cruelty or not. When the respondent against the petitioner amounts to cruelty or respondent against the petitioner amounts to cruelty or TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -14- dictionary meaning of this word is considered, it means a person who dictionary meaning of this word is considered, it means a person who dictionary meaning of this word is considered, it means a person who dictionary meaning of this word is considered, it means a person who is cruel, rude and not liked by others, so use of this single word and is cruel, rude and not liked by others, so use of this single word and is cruel, rude and not liked by others, so use of this single word and is cruel, rude and not liked by others, so use of this single word and more particularly in the given situation/set of circumstances, while more particularly in the given situation/set of circumstances, while more particularly in the given situation/set of circumstances, while more particularly in the given situation/set of circumstances, while erk does not considered to be fall addressing the petitioner as a jerk does not considered to be fall erk does not considered to be fall addressing the petitioner as a j within the ambit of cruelty against the petitioner. within the ambit of cruelty against the petitioner. within the ambit of cruelty against the petitioner.

140. 140. Now coming to the main point under consideration on Now coming to the main point under consideration on Now coming to the main point under consideration on which the petitioner has so strongly relied upon in order to prove his which the petitioner has so strongly relied upon in order to prove his which the petitioner has so strongly relied upon in order to prove his which the petitioner has so strongly relied upon in order to prove his eated him with cruelty by contention that the respondent always treated him with cruelty by contention that the respondent always tr contention that the respondent always tr using filthy and abusive language towards him and his family using filthy and abusive language towards him and his family using filthy and abusive language towards him and his family using filthy and abusive language towards him and his family members. As has been stated, several instances with regard to cruelty members. As has been stated, several instances with regard to cruelty members. As has been stated, several instances with regard to cruelty members. As has been stated, several instances with regard to cruelty committed upon by the petitioner have been referred by the petitioner committed upon by the petitioner have been referred by the petitioner committed upon by the petitioner have been referred by the petitioner committed upon by the petitioner have been referred by the petitioner cordings and text messages of and he has relied upon the recordings and text messages of and he has relied upon the re and he has relied upon the re conversations took place between the petitioner and the respondent. conversations took place between the petitioner and the respondent. conversations took place between the petitioner and the respondent. conversations took place between the petitioner and the respondent.

141. 141. At the time of tendering into evidence by the petitioner At the time of tendering into evidence by the petitioner At the time of tendering into evidence by the petitioner 1/A, he has also tendered into evidence namely Rohit Watts as ExPW-1/A, he has also tendered into evidence 1/A, he has also tendered into evidence namely Rohit Watts as ExPW brief summary of recordings as ExP1 the documents with regard to brief summary of recordings as ExP1 brief summary of recordings as ExP1 the documents with regard to along with Pendrive containing entire recordings as ExP2. In order to along with Pendrive containing entire recordings as ExP2. In order to along with Pendrive containing entire recordings as ExP2. In order to along with Pendrive containing entire recordings as ExP2. In order to ascertain the truthfulness in the contentions of the petitioner, the ascertain the truthfulness in the contentions of the petitioner, the ascertain the truthfulness in the contentions of the petitioner, the ascertain the truthfulness in the contentions of the petitioner, the Court has to go through all the recordings as well as documents relied Court has to go through all the recordings as well as documents relied Court has to go through all the recordings as well as documents relied Court has to go through all the recordings as well as documents relied upon by the petitioner. upon by t

142. 142. The Pendrive ExP2 contains four folders including one The Pendrive ExP2 contains four folders including one The Pendrive ExP2 contains four folders including one Audio recording i.e. A calls Folder, Rohit, Rohit 18.11.2018 and Audio recording i.e. A calls Folder, Rohit, Rohit 18.11.2018 and Audio recording i.e. A calls Folder, Rohit, Rohit 18.11.2018 and Audio recording i.e. A calls Folder, Rohit, Rohit 18.11.2018 and Whatsapp Chat and the same requires attention of this Court for the Whatsapp Chat and the same requires attention of this Court for the Whatsapp Chat and the same requires attention of this Court for the Whatsapp Chat and the same requires attention of this Court for the just and proper adjudication. The first folder i.e. A CALLS FOLDER just and proper adjudication. The first folder i.e. A CALLS FOLDER just and proper adjudication. The first folder i.e. A CALLS FOLDER just and proper adjudication. The first folder i.e. A CALLS FOLDER TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -15- contains Whatsapp Audio recording, which contains the conversation ntains Whatsapp Audio recording, which contains the conversation ntains Whatsapp Audio recording, which contains the conversation ntains Whatsapp Audio recording, which contains the conversation between the petitioner, respondent and the minor daughter Ersheen. between the petitioner, respondent and the minor daughter Ersheen. between the petitioner, respondent and the minor daughter Ersheen. between the petitioner, respondent and the minor daughter Ersheen. The said recordings bears same date i.e. 18.11.2018 and the timings The said recordings bears same date i.e. 18.11.2018 and the timings The said recordings bears same date i.e. 18.11.2018 and the timings The said recordings bears same date i.e. 18.11.2018 and the timings nt of of the same is between 19.24 to 19.35. So far as the point of of the same is between 19.24 to 19.35. So far as the poi of the same is between 19.24 to 19.35. So far as the poi conversation is concerned, the respondent can be heard screaming conversation is concerned, the respondent can be heard screaming conversation is concerned, the respondent can be heard screaming conversation is concerned, the respondent can be heard screaming upon the petitioner. Second folder i.e. ROHIT contains 28 files ( upon the petitioner. Second folder i.e. ROHIT contains 28 files ( upon the petitioner. Second folder i.e. ROHIT contains 28 files ( upon the petitioner. Second folder i.e. ROHIT contains 28 files ( recordings) i.e. AUD-20180530-WA0011, AUD recordings) i.e. AUD WA0012, WA0011, AUD-20180530-WA0012, AUD-20180814-WA0023, AUD-20180814 AUD 20180814- 20180814-WA0024, AUD-20180814 WA0025, AUD-20180814-WA0026, AUD WA002 WA0027, AUD- WA0026, AUD-20180814-WA0027, AUD 20180814-WA0028, 20180814 AUD-20180814 20180814-WA0029, 20180815- AUD-20180815 WA0000, AUD-20180815-WA0001, AUD WA0000, AUD WA0002 WA0001, AUD-20180815-WA0002 (1), (1), AUD-20180815-WA0002, AUD-20180815 AUD 20180815- 20180815-WA0003, AUD-20180815 WA0004, AUD-20180815-WA0005, AUD WA0004, AUD A0006, AUD- WA0005, AUD-20180815-WA0006, AUD 20180815-WA0007, 20180815 AUD-20180815 20180815-WA0008, 20180815- AUD-20180815 WA0009, AUD-20180815-WA0010, AUD WA0009, AUD WA0011, AUD- WA0010, AUD-20180815-WA0011, AUD 20180815-WA0019, 20180815 AUD-20180815 20180815-WA0020, 20180815- AUD-20180815 WA0021, AUD-20180815-WA0022, AUD WA0021, AUD WA0003, AUD- WA0022, AUD-20180818-WA0003, AUD inent to mention here that these 20180818-WA0004. It is pertinent to mention here that these inent to mention here that these 20180818 recording does not bear any date, day, year or time but the same recording does not bear any date, day, year or time but the same recording does not bear any date, day, year or time but the same recording does not bear any date, day, year or time but the same pertains to conversation of petty issues i.e. technical problem with Air pertains to conversation of petty issues i.e. technical problem with Air pertains to conversation of petty issues i.e. technical problem with Air pertains to conversation of petty issues i.e. technical problem with Air Conditioner and she utter the word “ Bastard or Haramzada” for Conditioner and she utter the word “ Bastard or Haramzada” for Conditioner and she utter the word “ Bastard or Haramzada” for Conditioner and she utter the word “ Bastard or Haramzada” for there is folder i.e. ROHIT 18.11.2018, which A.C. Mechanic. Thirdly there is folder i.e. ROHIT 18.11.2018, which there is folder i.e. ROHIT 18.11.2018, which A.C. Mechanic. Thirdly contains six recordings of phone calls i.e. WA0025MP3, WA0024MP3, contains six recordings of phone calls i.e. WA0025MP3, WA0024MP3, contains six recordings of phone calls i.e. WA0025MP3, WA0024MP3, contains six recordings of phone calls i.e. WA0025MP3, WA0024MP3, WA0023MP3, WA0022MP3, WA0021MP3 and WA0020MP3 between WA0023MP3, WA0022MP3, WA0021MP3 and WA0020MP3 between WA0023MP3, WA0022MP3, WA0021MP3 and WA0020MP3 between WA0023MP3, WA0022MP3, WA0021MP3 and WA0020MP3 between TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -16- the petitioner, respondent and the minor daughter of the parties. There the petitioner, respondent and the minor daughter of the parties. There the petitioner, respondent and the minor daughter of the parties. There the petitioner, respondent and the minor daughter of the parties. There with name Whatsapp Chats and that contains forty is another folder with name Whatsapp Chats and that contains forty with name Whatsapp Chats and that contains forty is another folder messages chat page. messages chat page.

143. 143. There is folder with name Rohit, where the conversation There is folder with name Rohit, where the conversation There is folder with name Rohit, where the conversation between the parties is not over the phone, rather the same are between the parties is not over the phone, rather the same are between the parties is not over the phone, rather the same are between the parties is not over the phone, rather the same are spires recorded during their virtual sitting conversation, which transpires recorded during their virtual sitting conversation, which tran recorded during their virtual sitting conversation, which tran from the recordings itself. Particularly in the conversation AUD- from the recordings itself. Particularly in the conversation AUD from the recordings itself. Particularly in the conversation AUD from the recordings itself. Particularly in the conversation AUD WA0003 lying in folder Rohit 18.11.2018, the respondent 20180818-WA0003 lying in folder Rohit 18.11.2018, the respondent WA0003 lying in folder Rohit 18.11.2018, the respondent 20180818 was talking in a very calm manner but the petitioner is not allowing was talking in a very calm manner but the petitioner is not allowing was talking in a very calm manner but the petitioner is not allowing was talking in a very calm manner but the petitioner is not allowing the audio recording, her to speak calmly with a sole purpose to obtain the audio recording, her to speak calmly with a sole purpose to obtain her to speak calmly with a sole purpose to obtain wherein he is trying to poke his wife so that she become irritated and wherein he is trying to poke his wife so that she become irritated and wherein he is trying to poke his wife so that she become irritated and wherein he is trying to poke his wife so that she become irritated and heat up to use such kind of abusive words. In couple of recordings, the heat up to use such kind of abusive words. In couple of recordings, the heat up to use such kind of abusive words. In couple of recordings, the heat up to use such kind of abusive words. In couple of recordings, the respondent is telling the petitioner to talk in slow voice as the staff respondent is telling the petitioner to talk in slow voice as the staff respondent is telling the petitioner to talk in slow voice as the staff respondent is telling the petitioner to talk in slow voice as the staff outside. In another recording, there are members are standing outside. In another recording, there are outside. In another recording, there are members are standing arguments between the petitioner and the respondent and the reason arguments between the petitioner and the respondent and the reason arguments between the petitioner and the respondent and the reason arguments between the petitioner and the respondent and the reason for the same is with regard to London trip but in the entire for the same is with regard to London trip but in the entire for the same is with regard to London trip but in the entire for the same is with regard to London trip but in the entire conversation, there is no argument with regard to the matrimonial conversation, there is no argument with regard to the matrimonial conversation, there is no argument with regard to the matrimonial conversation, there is no argument with regard to the matrimonial petitioner and the respondent. In all these audio dispute between the petitioner and the respondent. In all these audio petitioner and the respondent. In all these audio dispute between the recordings, as has been alleged, there is no abusive word i.e. recordings, as has been alleged, there is no abusive word i.e. recordings, as has been alleged, there is no abusive word i.e. recordings, as has been alleged, there is no abusive word i.e. ” has been used by the respondent against the petitioner. “Behanchod” has been used by the respondent against the petitioner. ” has been used by the respondent against the petitioner. “Behanchod

144. 144. That Ld. Counsel for the petitioner has argued that That Ld. Counsel for the petitioner has argued that That Ld. Counsel for the petitioner has argued that examination of petitioner, not even a single question during the cross-examination of petitioner, not even a single question examination of petitioner, not even a single question during the cross was put about the text messages contained in the pendrive and in the was put about the text messages contained in the pendrive and in the was put about the text messages contained in the pendrive and in the was put about the text messages contained in the pendrive and in the original device from which the pendrive was extracted and the original device from which the pendrive was extracted and the original device from which the pendrive was extracted and the original device from which the pendrive was extracted and the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -17- petitioner very validly and aptly proved the text messages, which are petitioner very validly and aptly proved the text messages, which are petitioner very validly and aptly proved the text messages, which are petitioner very validly and aptly proved the text messages, which are ontained in the pendrive and original mobile/device and there contained in the pendrive and original mobile/device and there ontained in the pendrive and original mobile/device and there ontained in the pendrive and original mobile/device and there remains to be no other legal method through which the text message remains to be no other legal method through which the text message remains to be no other legal method through which the text message remains to be no other legal method through which the text message could be proved and in view of this scenario, there should be no legal could be proved and in view of this scenario, there should be no legal could be proved and in view of this scenario, there should be no legal could be proved and in view of this scenario, there should be no legal text messages, hitch with the present court to pursue and rely upon the text messages, hitch with the present court to pursue and rely upon the hitch with the present court to pursue and rely upon the which are contained in the folder lying in the pendrive. which are contained in the folder lying in the pendrive. which are contained in the folder lying in the pendrive.

145. 145. That so far as the fact that petitioner has himself moved That so far as the fact that petitioner has himself moved That so far as the fact that petitioner has himself moved an application for issuance of directions to the respondent to give her an application for issuance of directions to the respondent to give her an application for issuance of directions to the respondent to give her an application for issuance of directions to the respondent to give her ement on 18.01.2022, voice sample and thereafter, vide separate statement on 18.01.2022, voice sample and thereafter, vide separate stat voice sample and thereafter, vide separate stat petitioner namely Rohit Watts has withdrawn the said application petitioner namely Rohit Watts has withdrawn the said application petitioner namely Rohit Watts has withdrawn the said application petitioner namely Rohit Watts has withdrawn the said application mentioning the reason that respondent in her reply is unwilling to give mentioning the reason that respondent in her reply is unwilling to give mentioning the reason that respondent in her reply is unwilling to give mentioning the reason that respondent in her reply is unwilling to give her voice sample. But once, the application has been moved and order her voice sample. But once, the application has been moved and order her voice sample. But once, the application has been moved and order her voice sample. But once, the application has been moved and order erefore, what makes the petitioner to was required to be passed, therefore, what makes the petitioner to erefore, what makes the petitioner to was required to be passed, th withdraw the above said application before passing an appropriate withdraw the above said application before passing an appropriate withdraw the above said application before passing an appropriate withdraw the above said application before passing an appropriate order on the same by the Court, the same has not been explained order on the same by the Court, the same has not been explained order on the same by the Court, the same has not been explained order on the same by the Court, the same has not been explained during the course of arguments by the counsel for the petitioner. during the course of arguments by the counsel for the petitioner. during the course of arguments by the counsel for the petitioner.

146. 146. s to consider whether these Whatsapp Now the Court has to consider whether these Whatsapp s to consider whether these Whatsapp Messages/text chat and audio recordings pertains to year 2018 and Messages/text chat and audio recordings pertains to year 2018 and Messages/text chat and audio recordings pertains to year 2018 and Messages/text chat and audio recordings pertains to year 2018 and prior to that falls within the ambit of cruelty or not. That so far as prior to that falls within the ambit of cruelty or not. That so far as prior to that falls within the ambit of cruelty or not. That so far as prior to that falls within the ambit of cruelty or not. That so far as these Whatsapp messages are concerned, the same specifically bears these Whatsapp messages are concerned, the same specifically bears these Whatsapp messages are concerned, the same specifically bears these Whatsapp messages are concerned, the same specifically bears is already visible on the screen shots on the right side the date, which is already visible on the screen shots on the right side is already visible on the screen shots on the right side the date, which of top of the Whatsapp page. Though, it cannot be ascertained that the of top of the Whatsapp page. Though, it cannot be ascertained that the of top of the Whatsapp page. Though, it cannot be ascertained that the of top of the Whatsapp page. Though, it cannot be ascertained that the audio recordings pertain specifically to which particular date but audio recordings pertain specifically to which particular date but audio recordings pertain specifically to which particular date but audio recordings pertain specifically to which particular date but Pendrive certainly when the data has already been transferred in the Pendrive certainly when the data has already been transferred in the certainly when the data has already been transferred in the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -18- way back in the year 2018. So, it would not be possible for the present way back in the year 2018. So, it would not be possible for the present way back in the year 2018. So, it would not be possible for the present way back in the year 2018. So, it would not be possible for the present Court to come to the conclusion with certainty on which specific date Court to come to the conclusion with certainty on which specific date Court to come to the conclusion with certainty on which specific date Court to come to the conclusion with certainty on which specific date these recordings have been actually recorded as it had been these recordings have been actually recorded as it had been these recordings have been actually recorded as it had been these recordings have been actually recorded as it had been endrive, which is ExP2. transferred from the original device in the Pendrive, which is ExP2. transferred from the original device in the P transferred from the original device in the P

147. 147. That so far as the precedent of law relied upon by the That so far as the precedent of law relied upon by the That so far as the precedent of law relied upon by the Kirti Nagpal Vs. Rohit Girdhar Mat. petitioner in the case titled as Kirti Nagpal Vs. Rohit Girdhar Mat. Kirti Nagpal Vs. Rohit Girdhar Mat. petitioner in the case titled as in Para No.12 has held that whether cruelty was App. (F.C.) 92/2020 in Para No.12 has held that whether cruelty was in Para No.12 has held that whether cruelty was App. (F.C.) 92/2020 for which conduct of other spouse is in the nature of regular practice for which conduct of other spouse is for which conduct of other spouse is in the nature of regular practice to be seen as a whole rather than going by specific instances. So, to be seen as a whole rather than going by specific instances. So, to be seen as a whole rather than going by specific instances. So, to be seen as a whole rather than going by specific instances. So, petitioner has failed to mentioned that on which particular date, this petitioner has failed to mentioned that on which particular date, this petitioner has failed to mentioned that on which particular date, this petitioner has failed to mentioned that on which particular date, this conversation has taken place and even he has failed to mention the conversation has taken place and even he has failed to mention the conversation has taken place and even he has failed to mention the conversation has taken place and even he has failed to mention the in the pleadings as well as when he has led the entire specific dates in the pleadings as well as when he has led the entire in the pleadings as well as when he has led the entire specific dates evidence in support of his contentions. Though, he has produced the evidence in support of his contentions. Though, he has produced the evidence in support of his contentions. Though, he has produced the evidence in support of his contentions. Though, he has produced the original device i.e. mobile vide which he has recorded all these original device i.e. mobile vide which he has recorded all these original device i.e. mobile vide which he has recorded all these original device i.e. mobile vide which he has recorded all these conversations, the said device was required to be taken as primary conversations, the said device was required to be taken as primary conversations, the said device was required to be taken as primary conversations, the said device was required to be taken as primary evidence but I do not want to comment upon this aspect as the same evidence but I do not want to comment upon this aspect as the same evidence but I do not want to comment upon this aspect as the same evidence but I do not want to comment upon this aspect as the same has been dealt by my Ld. Predecessor. So, no specific date has been has been dealt by my Ld. Predecessor. So, no specific date has been has been dealt by my Ld. Predecessor. So, no specific date has been has been dealt by my Ld. Predecessor. So, no specific date has been mentioned by the petitioner and it would not be possible for the mentioned by the petitioner and it would not be possible for the mentioned by the petitioner and it would not be possible for the mentioned by the petitioner and it would not be possible for the ts to cruelty if present Court to reach the conclusion that if this amounts to cruelty if present Court to reach the conclusion that if this amoun present Court to reach the conclusion that if this amoun so committed as alleged by the petitioner suffered at the hands of so committed as alleged by the petitioner suffered at the hands of so committed as alleged by the petitioner suffered at the hands of so committed as alleged by the petitioner suffered at the hands of mentioning of respondent is a regular practice or not. That non-mentioning of respondent is a regular practice or not. That non respondent is a regular practice or not. That non specific time, day and year clearly reveals that there is no such mental specific time, day and year clearly reveals that there is no such mental specific time, day and year clearly reveals that there is no such mental specific time, day and year clearly reveals that there is no such mental t, even the allegations so leveled by cruelty attributed to the respondent, even the allegations so leveled by t, even the allegations so leveled by cruelty attributed to the responden the petitioner are considered to be very general in nature. the petitioner are considered to be very general in nature. the petitioner are considered to be very general in nature. TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -19-

148. 148. The Ld. Counsel for the petitioner has relied upon case The Ld. Counsel for the petitioner has relied upon case The Ld. Counsel for the petitioner has relied upon case Ritu Saigal Versus Rakesh Saigal, 2022 (2) RCR ( Civil) titled as Ritu Saigal Versus Rakesh Saigal, 2022 (2) RCR ( Civil) Ritu Saigal Versus Rakesh Saigal, 2022 (2) RCR ( Civil) titled as Haryana High Court has held that “ 566, wherein Hon’ble Punjab & Haryana High Court has held that “ Haryana High Court has held that “ 566 A Family Court may receive any evidence, report, statement, A Family Court may receive any evidence, report, statement, A Family Court may receive any evidence, report, statement, A Family Court may receive any evidence, report, statement, documents, information or matter which in its opinion will facilitate documents, information or matter which in its opinion will facilitate documents, information or matter which in its opinion will facilitate documents, information or matter which in its opinion will facilitate the effective adjudication of the disputes before it, whether or not the the effective adjudication of the disputes before it, whether or not the the effective adjudication of the disputes before it, whether or not the the effective adjudication of the disputes before it, whether or not the rwise relevant or admissible under the Indian same would be otherwise relevant or admissible under the Indian rwise relevant or admissible under the Indian same would be othe Evidence Act 1872”. Evidence Act 1872”.

149. 149. (State Vs. Navjot Sandhu @ Afsan Hence, the judgment (State Vs. Navjot Sandhu @ Afsan (State Vs. Navjot Sandhu @ Afsan Neha’s case ( Guru, 2005 (3) Apex Criminal 49) and judgment Neha’s case ( Guru, 2005 (3) Apex Criminal 49) Guru, 2005 (3) Apex Criminal 49) would not be of any help to the appellant wife. Accordingly, in Supra) would not be of any help to the appellant wife. Accordingly, in would not be of any help to the appellant wife. Accordingly, in Supra) view of the above, there should not be any legal hitch in relying upon view of the above, there should not be any legal hitch in relying upon view of the above, there should not be any legal hitch in relying upon view of the above, there should not be any legal hitch in relying upon the electronic evidence and its contents in order to prove the fact that the electronic evidence and its contents in order to prove the fact that the electronic evidence and its contents in order to prove the fact that the electronic evidence and its contents in order to prove the fact that the petitioner has suffered extreme mental cruelty and agony at the the petitioner has suffered extreme mental cruelty and agony at the the petitioner has suffered extreme mental cruelty and agony at the the petitioner has suffered extreme mental cruelty and agony at the circumstances can be hands of respondent and petitioner under no circumstances can be hands of respondent and petitioner under no hands of respondent and petitioner under no expected to live with respondent, who has been highly abusive and expected to live with respondent, who has been highly abusive and expected to live with respondent, who has been highly abusive and expected to live with respondent, who has been highly abusive and derogatory towards the petitioner and his family. Respondent also derogatory towards the petitioner and his family. Respondent also derogatory towards the petitioner and his family. Respondent also derogatory towards the petitioner and his family. Respondent also made an attempt to destroy the judicial career of petitioner by moving made an attempt to destroy the judicial career of petitioner by moving made an attempt to destroy the judicial career of petitioner by moving made an attempt to destroy the judicial career of petitioner by moving ble Punjab & Haryana High Court. false complaints before the Hon’ble Punjab & Haryana High Court. ble Punjab & Haryana High Court. false complaints before the Hon’ The respondent by leveling indiscriminate, reckless, obnoxious, The respondent by leveling indiscriminate, reckless, obnoxious, The respondent by leveling indiscriminate, reckless, obnoxious, The respondent by leveling indiscriminate, reckless, obnoxious, derogatory and patently false allegations is trying to lower down the derogatory and patently false allegations is trying to lower down the derogatory and patently false allegations is trying to lower down the derogatory and patently false allegations is trying to lower down the dignity and reputation of petitioner in the eyes of Hon’ble Mr.Chief dignity and reputation of petitioner in the eyes of Hon’ble Mr.Chief dignity and reputation of petitioner in the eyes of Hon’ble Mr.Chief dignity and reputation of petitioner in the eyes of Hon’ble Mr.Chief Justice of Hon’ble High Court. Justice of Hon’ble H

150. 150. Moreover, it is pertinent to mention here that after Moreover, it is pertinent to mention here that after Moreover, it is pertinent to mention here that after TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -20- hearing these audio recordings, it can be easily observed that hearing these audio recordings, it can be easily observed that hearing these audio recordings, it can be easily observed that hearing these audio recordings, it can be easily observed that recordings produced on record by the petitioner, the respondent can recordings produced on record by the petitioner, the respondent can recordings produced on record by the petitioner, the respondent can recordings produced on record by the petitioner, the respondent can e showed the be heard saying the petitioner to talk politely and she showed the be heard saying the petitioner to talk politely and sh be heard saying the petitioner to talk politely and sh gesture to solve all the matters while talking with each other softly. gesture to solve all the matters while talking with each other softly. gesture to solve all the matters while talking with each other softly. gesture to solve all the matters while talking with each other softly. So, when these wording of the respondent is considered, it cannot be So, when these wording of the respondent is considered, it cannot be So, when these wording of the respondent is considered, it cannot be So, when these wording of the respondent is considered, it cannot be said that she remained in the mood of aggression at all times, rather, said that she remained in the mood of aggression at all times, rather, said that she remained in the mood of aggression at all times, rather, said that she remained in the mood of aggression at all times, rather, to the petitioner to solve the matters she has suggested so many times to the petitioner to solve the matters to the petitioner to solve the matters she has suggested so many times while talking to each other. So, even if the respondent has sent some while talking to each other. So, even if the respondent has sent some while talking to each other. So, even if the respondent has sent some while talking to each other. So, even if the respondent has sent some messages to the petitioner to free her that did not come from the heart messages to the petitioner to free her that did not come from the heart messages to the petitioner to free her that did not come from the heart messages to the petitioner to free her that did not come from the heart of the respondent and these messages did not transpires her true of the respondent and these messages did not transpires her true of the respondent and these messages did not transpires her true of the respondent and these messages did not transpires her true . Rather, the respondent wants to save her matrimonial intentions. Rather, the respondent wants to save her matrimonial . Rather, the respondent wants to save her matrimonial intentions home that is why she has offered the petitioner to sit together and to home that is why she has offered the petitioner to sit together and to home that is why she has offered the petitioner to sit together and to home that is why she has offered the petitioner to sit together and to sort out their differences. sort out their differences.

151. 151. That so far as the Certificate submitted by the petitioner That so far as the Certificate submitted by the petitioner That so far as the Certificate submitted by the petitioner Act is concerned, the same is under Section 65B of Indian Evidence Act is concerned, the same is under Section 65B of Indian Evidence under Section 65B of Indian Evidence not in proper format as has been prescribed and the same does not not in proper format as has been prescribed and the same does not not in proper format as has been prescribed and the same does not not in proper format as has been prescribed and the same does not contained the requisite information regarding model, serial number, contained the requisite information regarding model, serial number, contained the requisite information regarding model, serial number, contained the requisite information regarding model, serial number, software, memory card etc. of the mobile phone through which software, memory card etc. of the mobile phone through which software, memory card etc. of the mobile phone through which software, memory card etc. of the mobile phone through which recordings have been done. recordings have been done.

152. 152. Though at the same time, petitioner is alleging that they Though at the same time, petitioner is alleging that they Though at the same time, petitioner is alleging that they have submitted the certificate under Section 65B of Indian Evidence have submitted the certificate under Section 65B of Indian Evidence have submitted the certificate under Section 65B of Indian Evidence have submitted the certificate under Section 65B of Indian Evidence Act. So, when a clear admission has come from the petitioner himself Act. So, when a clear admission has come from the petitioner himself Act. So, when a clear admission has come from the petitioner himself Act. So, when a clear admission has come from the petitioner himself g any kind that he has deleted some of the recordings without assigning any kind that he has deleted some of the recordings without assignin that he has deleted some of the recordings without assignin of specific reason for the said purpose, so in such a scenario even the of specific reason for the said purpose, so in such a scenario even the of specific reason for the said purpose, so in such a scenario even the of specific reason for the said purpose, so in such a scenario even the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -21- filing of the certificate under Section 65 B of India Evidence Act does filing of the certificate under Section 65 B of India Evidence Act does filing of the certificate under Section 65 B of India Evidence Act does filing of the certificate under Section 65 B of India Evidence Act does not come to the rescue of the petitioner that is why he has deleted not come to the rescue of the petitioner that is why he has deleted not come to the rescue of the petitioner that is why he has deleted not come to the rescue of the petitioner that is why he has deleted er his choice. some of the audio recordings as per his choice. some of the audio recordings as p

153. 153. Even during the course of addressing oral arguments he Even during the course of addressing oral arguments he Even during the course of addressing oral arguments he vehemently argued and claiming that it is his labour done by him in vehemently argued and claiming that it is his labour done by him in vehemently argued and claiming that it is his labour done by him in vehemently argued and claiming that it is his labour done by him in five years as he has repeatedly used these words during the course of five years as he has repeatedly used these words during the course of five years as he has repeatedly used these words during the course of five years as he has repeatedly used these words during the course of onvey the present court his own arguments vide which he wants to convey the present court his own arguments vide which he wants to c his own arguments vide which he wants to c that he has saved/collected these recordings during the span of five that he has saved/collected these recordings during the span of five that he has saved/collected these recordings during the span of five that he has saved/collected these recordings during the span of five years, so, in such circumstances, he is required to keep these years, so, in such circumstances, he is required to keep these years, so, in such circumstances, he is required to keep these years, so, in such circumstances, he is required to keep these recordings in intact condition till the same have been put before the recordings in intact condition till the same have been put before the recordings in intact condition till the same have been put before the recordings in intact condition till the same have been put before the ntentions which have been putforth Court in order to prove his contentions which have been putforth ntentions which have been putforth Court in order to prove his co before the Court but he has failed to do so. before the Court but he has failed to do so. before the Court but he has failed to do so.

154. 154. So far as the admissibility of these audio recordings and So far as the admissibility of these audio recordings and So far as the admissibility of these audio recordings and text messages are concerned, despite being admitted in the cross- text messages are concerned, despite being admitted in the cross text messages are concerned, despite being admitted in the cross text messages are concerned, despite being admitted in the cross pted the way of pick examination that he has done some editing and opted the way of pick examination that he has done some editing and o examination that he has done some editing and o and choose from the audio recordings as per his own choice and and choose from the audio recordings as per his own choice and and choose from the audio recordings as per his own choice and and choose from the audio recordings as per his own choice and furnishing of certificate under Section 65B of Indian Evidence Act furnishing of certificate under Section 65B of Indian Evidence Act furnishing of certificate under Section 65B of Indian Evidence Act furnishing of certificate under Section 65B of Indian Evidence Act does not help the petitioner at all. The said relevant portion of cross- does not help the petitioner at all. The said relevant portion of cross does not help the petitioner at all. The said relevant portion of cross does not help the petitioner at all. The said relevant portion of cross examination of petitioner is reproduced below examination of petitioner is repr oduced below :- “I started recording conversation with me and respondent from “I started recording conversation with me and respondent from “I started recording conversation with me and respondent from December 2016. I have not been recording conversation continuously. December 2016. I have not been recording conversation continuously. December 2016. I have not been recording conversation continuously. December 2016. I have not been recording conversation continuously. I have retained only the relevant conversation and used to delete I have retained only the relevant conversation and used to delete I have retained only the relevant conversation and used to delete I have retained only the relevant conversation and used to delete ation have been deleted. I others. I cannot tell that how many conversation have been deleted. I others. I cannot tell that how many convers others. I cannot tell that how many convers have deleted the normal/routine conversation relating to husband and have deleted the normal/routine conversation relating to husband and have deleted the normal/routine conversation relating to husband and have deleted the normal/routine conversation relating to husband and TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -22- wife and child and related to routine matter. Voltd. Said I have deleted wife and child and related to routine matter. Voltd. Said I have deleted wife and child and related to routine matter. Voltd. Said I have deleted wife and child and related to routine matter. Voltd. Said I have deleted the conversation due to storage issue in my mobile. I cannot tell the the conversation due to storage issue in my mobile. I cannot tell the the conversation due to storage issue in my mobile. I cannot tell the the conversation due to storage issue in my mobile. I cannot tell the ear for which I have deleted the conversations. I date, month and year for which I have deleted the conversations. I ear for which I have deleted the conversations. I date, month and y have retained the relevant messages only. I have deleted the have retained the relevant messages only. I have deleted the have retained the relevant messages only. I have deleted the have retained the relevant messages only. I have deleted the conversations to the fact that they were not relevant for my purposes conversations to the fact that they were not relevant for my purposes conversations to the fact that they were not relevant for my purposes conversations to the fact that they were not relevant for my purposes and due to storage issues. If was for me to decide as to which and due to storage issues. If was for me to decide as to which and due to storage issues. If was for me to decide as to which and due to storage issues. If was for me to decide as to which was to be retained or not.” conversation was to be retained or not.” conversation

155. 155. Neha Vs. That in view of ratio of law in the case titled as Neha Vs. That in view of ratio of law in the case titled as Vibhore Garg, CR No.1616 of 2020, decided on 12.11.2021 that Vibhore Garg, CR No.1616 of 2020, decided on 12.11.2021 Vibhore Garg, CR No.1616 of 2020, decided on 12.11.2021 parties before the Hon’ble High Court came while challenging the parties before the Hon’ble High Court came while challenging the parties before the Hon’ble High Court came while challenging the parties before the Hon’ble High Court came while challenging the order dated 29.01.2020 passed by the Ld. Principal Judge Family order dated 29.01.2020 passed by the Ld. Principal Judge Family order dated 29.01.2020 passed by the Ld. Principal Judge Family order dated 29.01.2020 passed by the Ld. Principal Judge Family Court Bathinda, whereby the husband has been allowed to prove the Court Bathinda, whereby the husband has been allowed to prove the Court Bathinda, whereby the husband has been allowed to prove the Court Bathinda, whereby the husband has been allowed to prove the subject to the CD pertaining to the conversation between him and wife subject to the CD pertaining to the conversation between him and wife CD pertaining to the conversation between him and wife condition of its correctness. That Hon’ble High Court has discussed condition of its correctness. That Hon’ble High Court has discussed condition of its correctness. That Hon’ble High Court has discussed condition of its correctness. That Hon’ble High Court has discussed Dr. Tripat Deep Singh Vs. Dr. ( Smt) Paviter the case titled as in Dr. Tripat Deep Singh Vs. Dr. ( Smt) Paviter Dr. Tripat Deep Singh Vs. Dr. ( Smt) Paviter the case titled as in , it was held that conversations Kaur, 2018 (3) RCR ( Civil) 71, it was held that conversations Kaur, 2018 (3) RCR ( Civil) 71 Kaur, 2018 (3) RCR ( Civil) 71 annot be made the basis between husband and wife in daily routine cannot be made the basis between husband and wife in daily routine c between husband and wife in daily routine c of or considered for deciding a petition under Section 13 of the Act. of or considered for deciding a petition under Section 13 of the Act. of or considered for deciding a petition under Section 13 of the Act. of or considered for deciding a petition under Section 13 of the Act. ordinate Bench of this High Court in the said case has The Co-ordinate Bench of this High Court in the said case has ordinate Bench of this High Court in the said case has The Co observed as under :- observed as under “ 16 The observation between husband and wife in daily “ 16 The observation between husband and wife in daily “ 16 The observation between husband and wife in daily ered opinion of this Court, cannot be made basis routine, in the considered opinion of this Court, cannot be made basis ered opinion of this Court, cannot be made basis routine, in the consid or can be considered for deciding the petitioner under Section 13 of or can be considered for deciding the petitioner under Section 13 of or can be considered for deciding the petitioner under Section 13 of or can be considered for deciding the petitioner under Section 13 of the Hindu Marriage Act, in as much as quarrel on trivial matters the Hindu Marriage Act, in as much as quarrel on trivial matters the Hindu Marriage Act, in as much as quarrel on trivial matters the Hindu Marriage Act, in as much as quarrel on trivial matters TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -23- between them in out society is a routine matter. More so, recording of between them in out society is a routine matter. More so, recording of between them in out society is a routine matter. More so, recording of between them in out society is a routine matter. More so, recording of nversation between the husband and wife and production of CD conversation between the husband and wife and production of CD nversation between the husband and wife and production of CD nversation between the husband and wife and production of CD thereof, would not be sufficient to ascertain a to under what thereof, would not be sufficient to ascertain a to under what thereof, would not be sufficient to ascertain a to under what thereof, would not be sufficient to ascertain a to under what circumstances, the 8 of 11 conversation was recorded, what was the circumstances, the 8 of 11 conversation was recorded, what was the circumstances, the 8 of 11 conversation was recorded, what was the circumstances, the 8 of 11 conversation was recorded, what was the atmosphere and circumstances prevailing in the family at that atmosphere and circumstances prevailing in the family at that atmosphere and circumstances prevailing in the family at that atmosphere and circumstances prevailing in the family at that nt, would be relevant to take into consideration the conversation moment, would be relevant to take into consideration the conversation nt, would be relevant to take into consideration the conversation recorded in the CD to extract the truth.” recorded in the CD to extract the truth.” recorded in the CD to extract the truth.” Keeping in view the factual matrix of the case, it cannot Keeping in view the factual matrix of the case, it cannot Keeping in view the factual matrix of the case, it cannot be said that as the Family Court is not bound by strict rules of be said that as the Family Court is not bound by strict rules of be said that as the Family Court is not bound by strict rules of be said that as the Family Court is not bound by strict rules of rty to accept the CD in evidence which is a clear evidence, it is at liberty to accept the CD in evidence which is a clear rty to accept the CD in evidence which is a clear evidence, it is at libe cut infringement of the right of privacy of the wife. cut infringement of the right of privacy of the wife. cut infringement of the right of privacy of the wife. Accordingly, Accordingly, Accordingly, impugned order dated 29.01.2020, impugned order dated 29.01.2020, impugned order dated 29.01.2020, 4, passed by the Learned Family Court, Bathinda, is set Annexure P-4, passed by the Learned Family Court, Bathinda, is set 4, passed by the Learned Family Court, Bathinda, is set Annexure P d 09.07.2019 filed by the aside. Consequently, application dated 09.07.2019 filed by the aside. Consequently, application date aside. Consequently, application date respondent-husband is dismissed. respondent

156. 156. In the present case, as the petitioner himself in his cross- In the present case, as the petitioner himself in his cross In the present case, as the petitioner himself in his cross examination has answered the question of opposite counsel that he examination has answered the question of opposite counsel that he examination has answered the question of opposite counsel that he examination has answered the question of opposite counsel that he has not told the respondent regarding the recordings made by him of has not told the respondent regarding the recordings made by him has not told the respondent regarding the recordings made by him has not told the respondent regarding the recordings made by him respondent. The admission so made by the petitioner himself that he respondent. The admission so made by the petitioner himself that he respondent. The admission so made by the petitioner himself that he respondent. The admission so made by the petitioner himself that he has recorded the conversation between him and the respondent has recorded the conversation between him and the respondent has recorded the conversation between him and the respondent has recorded the conversation between him and the respondent without disclosing this act of recordings to the respondent get the without disclosing this act of recordings to the respondent get the without disclosing this act of recordings to the respondent get the without disclosing this act of recordings to the respondent get the same done in a secret manner, which certainly amounts to same done in a secret manner, which certainly amounts to same done in a secret manner, which certainly amounts to infringement of rights of privacy of wife. So, in view of the above said infringement of rights of privacy of wife. So, in view of the above said infringement of rights of privacy of wife. So, in view of the above said infringement of rights of privacy of wife. So, in view of the above said ratio of law and the admissions made by the petitioner at the time of ratio of law and the admissions made by the petitioner at the time of ratio of law and the admissions made by the petitioner at the time of ratio of law and the admissions made by the petitioner at the time of TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -24- examination that these recordings have been edited by him his cross-examination that these recordings have been edited by him examination that these recordings have been edited by him his cross me is relevant to serve his as per his own choice considering the same is relevant to serve his as per his own choice considering the sa as per his own choice considering the sa purpose and even he has admitted the fact that he was got recording purpose and even he has admitted the fact that he was got recording purpose and even he has admitted the fact that he was got recording purpose and even he has admitted the fact that he was got recording the same since the year 2016. It is relevant to mention here that he the same since the year 2016. It is relevant to mention here that he the same since the year 2016. It is relevant to mention here that he the same since the year 2016. It is relevant to mention here that he was posted as ACJM, Panchkula in 2017 and he used to remain in the was posted as ACJM, Panchkula in 2017 and he used to remain in the was posted as ACJM, Panchkula in 2017 and he used to remain in the was posted as ACJM, Panchkula in 2017 and he used to remain in the d there been any kind of matrimonial discord house of his in-laws. Had there been any kind of matrimonial discord d there been any kind of matrimonial discord house of his there was no occasion for the petitioner to live there, which further there was no occasion for the petitioner to live there, which further there was no occasion for the petitioner to live there, which further there was no occasion for the petitioner to live there, which further leads to the conclusion that the petitioner was making the plan since leads to the conclusion that the petitioner was making the plan since leads to the conclusion that the petitioner was making the plan since leads to the conclusion that the petitioner was making the plan since the year 2016. Though, the respondent seems to be in the aggressive the year 2016. Though, the respondent seems to be in the aggressive the year 2016. Though, the respondent seems to be in the aggressive the year 2016. Though, the respondent seems to be in the aggressive d but as already discussed above, the entire conversation has not mood but as already discussed above, the entire conversation has not d but as already discussed above, the entire conversation has not been produced by the petitioner for the best reasons known to him. been produced by the petitioner for the best reasons known to him. been produced by the petitioner for the best reasons known to him. been produced by the petitioner for the best reasons known to him. Had the total conversation being produced before the present Court, Had the total conversation being produced before the present Court, Had the total conversation being produced before the present Court, Had the total conversation being produced before the present Court, present Court then the exact cause could have been determined by the present Court then the exact cause could have been determined by the then the exact cause could have been determined by the as the unilateral part of the respondent while speaking in a loud voice as the unilateral part of the respondent while speaking in a loud voice as the unilateral part of the respondent while speaking in a loud voice as the unilateral part of the respondent while speaking in a loud voice could not be made the sole basis for grant of divorce as it could not be could not be made the sole basis for grant of divorce as it could not be could not be made the sole basis for grant of divorce as it could not be could not be made the sole basis for grant of divorce as it could not be ascertained with certainty that the same falls within the ambit of ascertained with certainty that the same falls within the ambit of ascertained with certainty that the same falls within the ambit of ascertained with certainty that the same falls within the ambit of cruelty. cruelty.

157. 157. messages/chat are concerned, the same So far the text messages/chat are concerned, the same messages/chat are concerned, the same bears date 09.08.2018, where the respondent has admitted that she bears date 09.08.2018, where the respondent has admitted that she bears date 09.08.2018, where the respondent has admitted that she bears date 09.08.2018, where the respondent has admitted that she has abused the gunman, driver and she has gone to the extent while has abused the gunman, driver and she has gone to the extent while has abused the gunman, driver and she has gone to the extent while has abused the gunman, driver and she has gone to the extent while stating that every judicial officer, DGP, Lady judicial officer used to stating that every judicial officer, DGP, Lady judicial officer used to stating that every judicial officer, DGP, Lady judicial officer used to stating that every judicial officer, DGP, Lady judicial officer used to staff and she has not committed any crime by abusing the abuse their staff and she has not committed any crime by abusing the staff and she has not committed any crime by abusing the abuse their staff and she has been further addressing the petitioner as monster, staff and she has been further addressing the petitioner as monster, staff and she has been further addressing the petitioner as monster, staff and she has been further addressing the petitioner as monster, eater, swine, greedy and cannibal. In such text messages, the women-eater, swine, greedy and cannibal. In such text messages, the eater, swine, greedy and cannibal. In such text messages, the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -25- n and respondent has been telling the petitioner to divorce her again and respondent has been telling the petitioner to divorce her agai respondent has been telling the petitioner to divorce her agai again and she has been given enough evidence for the same. It has again and she has been given enough evidence for the same. It has again and she has been given enough evidence for the same. It has again and she has been given enough evidence for the same. It has been argued been argued been argued been argued the respondent has the respondent has the respondent has the respondent has leveled allegations of leveled allegations of leveled allegations of leveled allegations of extramarital affair against the petitioner and she has been saying that extramarital affair against the petitioner and she has been saying that extramarital affair against the petitioner and she has been saying that extramarital affair against the petitioner and she has been saying that and she want him she will give him the evidence till she frees herself and she want him she will give him the evidence till she frees herself she will give him the evidence till she frees herself out of her life. The respondent has further been saying that she will out of her life. The respondent has further been saying that she will out of her life. The respondent has further been saying that she will out of her life. The respondent has further been saying that she will abuse him before divorcing her and she has courage to abuse greedy abuse him before divorcing her and she has courage to abuse greedy abuse him before divorcing her and she has courage to abuse greedy abuse him before divorcing her and she has courage to abuse greedy dogs like him. dogs like him.

158. 158. The respondent in her written statement and affidavit The respondent in her written statement and affidavit The respondent in her written statement and affidavit us allegations against the petitioner that ExRW-1/A has leveled serious allegations against the petitioner that us allegations against the petitioner that ExRW he used to watch porn videography and the same has also been he used to watch porn videography and the same has also been he used to watch porn videography and the same has also been he used to watch porn videography and the same has also been reflected in Whatsapp chats, wherein she has stated that “ I cannot reflected in Whatsapp chats, wherein she has stated that “ I cannot reflected in Whatsapp chats, wherein she has stated that “ I cannot reflected in Whatsapp chats, wherein she has stated that “ I cannot send Ersheen to you keeping your abusive and violence nature in send Ersheen to you keeping your abusive and violence nature in send Ersheen to you keeping your abusive and violence nature in send Ersheen to you keeping your abusive and violence nature in d pornographers and cannot send the girl to mind… you watch child pornographers and cannot send the girl to d pornographers and cannot send the girl to mind… you watch chil you.. I do not use your staff.” These are the words by the respondent you.. I do not use your staff.” These are the words by the respondent you.. I do not use your staff.” These are the words by the respondent you.. I do not use your staff.” These are the words by the respondent against the petitioner. In one of the chat dated 11.08.2018, on against the petitioner. In one of the chat dated 11.08.2018, on against the petitioner. In one of the chat dated 11.08.2018, on against the petitioner. In one of the chat dated 11.08.2018, on Saturday, at 16.37, the respondent abused the petitioner and said “ Saturday, at 16.37, the respondent abused the petitioner and said “ Saturday, at 16.37, the respondent abused the petitioner and said “ Saturday, at 16.37, the respondent abused the petitioner and said “ Sale” and she repeatedly using this word against the Behanchod Sale” and she repeatedly using this word against the Sale” and she repeatedly using this word against the Behanchod petitioner. During this chat, one thing is to be pointed out that it is petitioner. During this chat, one thing is to be pointed out that it is petitioner. During this chat, one thing is to be pointed out that it is petitioner. During this chat, one thing is to be pointed out that it is only the respondent who is sending messages to the petitioner and only the respondent who is sending messages to the petitioner and only the respondent who is sending messages to the petitioner and only the respondent who is sending messages to the petitioner and petitioner hardly replied to her once after every 10 to 12 messages, petitioner hardly replied to her once after every 10 to 12 messag petitioner hardly replied to her once after every 10 to 12 messag petitioner hardly replied to her once after every 10 to 12 messag which means that the respondent was frustrated to the peak, due to the which means that the respondent was frustrated to the peak, due to the which means that the respondent was frustrated to the peak, due to the which means that the respondent was frustrated to the peak, due to the very well built up situation by the petitioner. All the recordings and very well built up situation by the petitioner. All the recordings and very well built up situation by the petitioner. All the recordings and very well built up situation by the petitioner. All the recordings and messages produced before the Court are edited just to show the messages produced before the Court are edited just to show the messages produced before the Court are edited just to show the messages produced before the Court are edited just to show the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -26- aggressive, quarrelsome and abusive behaviour of the respondent. aggressive, quarrelsome and abusive behaviour o aggressive, quarrelsome and abusive behaviour o

159. 159. As per the arguments of the petitioner, the respondent As per the arguments of the petitioner, the respondent As per the arguments of the petitioner, the respondent used to ask him to get her appointed in Advocate General’s Office in used to ask him to get her appointed in Advocate General’s Office in used to ask him to get her appointed in Advocate General’s Office in used to ask him to get her appointed in Advocate General’s Office in Hon’ble Punjab & Haryana High Court, Chandigarh but despite the Hon’ble Punjab & Haryana High Court, Chandigarh but despite the Hon’ble Punjab & Haryana High Court, Chandigarh but despite the Hon’ble Punjab & Haryana High Court, Chandigarh but despite the a judicial officer and he best efforts to convince her that he is only a judicial officer and he best efforts to convince her that he is only best efforts to convince her that he is only the petitioner, which does not have high links, she kept on pressurizing the petitioner, which does not have high links, she kept on does not have high links, she kept on caused great/extreme mental cruelty, torture and harassment. caused great/extreme mental cruelty, torture and harassment. caused great/extreme mental cruelty, torture and harassment.

160. 160. Now the present Court has to consider this aspect Now the present Court has to consider this aspect Now the present Court has to consider this aspect ursue her career. Every wife is whether the wife is stressing upon to pursue her career. Every wife is whether the wife is stressing upon to p whether the wife is stressing upon to p claiming to have a right over her husband to get all her ambitions claiming to have a right over her husband to get all her ambitions claiming to have a right over her husband to get all her ambitions claiming to have a right over her husband to get all her ambitions fulfilled/completed, so, in such circumstances, if the respondent is fulfilled/completed, so, in such circumstances, if the respondent is fulfilled/completed, so, in such circumstances, if the respondent is fulfilled/completed, so, in such circumstances, if the respondent is compelling her husband to get her appointed as AAG that does not compelling her husband to get her appointed as AAG that does not compelling her husband to get her appointed as AAG that does not compelling her husband to get her appointed as AAG that does not kind of cruelty upon him. It is relevant to amount to creating any kind of cruelty upon him. It is relevant to kind of cruelty upon him. It is relevant to amount to creating any mention here that in one of the recordings, which has been produced mention here that in one of the recordings, which has been produced mention here that in one of the recordings, which has been produced mention here that in one of the recordings, which has been produced she has her career on record, the respondent was heard of saying that she has her career on record, the respondent was heard of saying that on record, the respondent was heard of saying that as an advocate in Hon’ble High as an advocate in Hon’ble High Court, where she was practicing Court, where she was practici since long, rather the petitioner was heard of saying that she has only since long, rather the petitioner was heard of saying that she has only since long, rather the petitioner was heard of saying that she has only since long, rather the petitioner was heard of saying that she has only Here the petitioner one case there and the same too was dismissed. Here the petitioner one case there and the same too was dismissed. one case there and the same too was dismissed. was making mockery of the respondent with regard to her career. was making mockery of the respondent with regard to her career was making mockery of the respondent with regard to her career

161. 161. ilthy language So far as the uttering of abusive words or filthy language So far as the uttering of abusive words or f i.e. Haramzada & Haramzadi” towards the petitioner and his family i.e. Haramzada & Haramzadi” towards the petitioner and his family i.e. Haramzada & Haramzadi” towards the petitioner and his family i.e. Haramzada & Haramzadi” towards the petitioner and his family members are concerned, firstly, it is to be considered that what is the members are concerned, firstly, it is to be considered that what is the members are concerned, firstly, it is to be considered that what is the members are concerned, firstly, it is to be considered that what is the reason behind, when wife all of a sudden started abusing her husband reason behind, when wife all of a sudden started abusing her husband reason behind, when wife all of a sudden started abusing her husband reason behind, when wife all of a sudden started abusing her husband marriage, especially when, the after 10 years of their successful marriage, especially when, the after 10 years of their successful after 10 years of their successful TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -27- respondent is highly educated and belongs to such a reputed family. respondent is highly educated and belongs to such a reputed family. respondent is highly educated and belongs to such a reputed family. respondent is highly educated and belongs to such a reputed family. As per the contentions of the respondent, she was harassed by the As per the contentions of the respondent, she was harassed by the As per the contentions of the respondent, she was harassed by the As per the contentions of the respondent, she was harassed by the petitioner and his family members for demand of dowry. Though petitioner and his family members for demand of dowry. Though petitioner and his family members for demand of dowry. Though petitioner and his family members for demand of dowry. Though ing oral arguments, the respondent during the course of addressing oral arguments, the respondent ing oral arguments, the respondent during the course of address law used to taunt her for giving birth to a alleged that her mother-in-law used to taunt her for giving birth to a law used to taunt her for giving birth to a alleged that her mother female child. Serious allegations with regard to extra marital female child. Serious allegations with regard to extra marital female child. Serious allegations with regard to extra marital female child. Serious allegations with regard to extra marital relations, watching child pornography etc. have also been leveled by relations, watching child pornography etc. have also been leveled by relations, watching child pornography etc. have also been leveled by relations, watching child pornography etc. have also been leveled by the respondent against petitioner. the respondent aga

162. 162. That so far as the allegation regarding demand of dowry That so far as the allegation regarding demand of dowry That so far as the allegation regarding demand of dowry is concerned, the father of the respondent namely Surinder Pal Singh is concerned, the father of the respondent namely Surinder Pal Singh is concerned, the father of the respondent namely Surinder Pal Singh is concerned, the father of the respondent namely Surinder Pal Singh 3 has supported her version regarding Virk, who has appeared as RW-3 has supported her version regarding 3 has supported her version regarding Virk, who has appeared as RW emand of dowry. That so far as the fact that petitioner has raised the demand of dowry. That so far as the fact that petitioner has raised the d the fact that petitioner has raised the d the evidence to be collected by both the parties in matrimonial the evidence to be collected by both the parties in matrimonial the evidence to be collected by both the parties in matrimonial the evidence to be collected by both the parties in matrimonial proceedings is to be generally confined between the parties to the proceedings is to be generally confined between the parties to the proceedings is to be generally confined between the parties to the proceedings is to be generally confined between the parties to the proceedings and in majority of the cases, they have to led the oral proceedings and in majority of the cases, they have to led the oral proceedings and in majority of the cases, they have to led the oral proceedings and in majority of the cases, they have to led the oral much possibility of collection of evidence in evidence and there is not much possibility of collection of evidence in much possibility of collection of evidence in evidence and there is not the form of black and white as there are personal matter interse the form of black and white as there are personal matter interse the form of black and white as there are personal matter interse the form of black and white as there are personal matter interse parties. parties.

163. 163. Though, petitioner has himself came into the witness box Though, petitioner has himself came into the witness box Though, petitioner has himself came into the witness box 1 and he supported his own version but his father, who has as PW-1 and he supported his own version but his father, who has 1 and he supported his own version but his father, who has as PW stepped into the witness box as PW stepped 2 and other witnesses did not into the witness box as PW-2 and other witnesses did not support the allegation leveled by the petitioner as his father during support the allegation leveled by the petitioner as his father during support the allegation leveled by the petitioner as his father during support the allegation leveled by the petitioner as his father during examination has categorically made the admission that he his cross-examination has categorically made the admission that he examination has categorically made the admission that he his cross never resided with petitioner and respondent, wherever his son never resided with petitioner and respondent, wherever his son never resided with petitioner and respondent, wherever his son never resided with petitioner and respondent, wherever his son TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -28- remained posted except for one or two nights. So, if father has not remained posted except for one or two nights. So, if father has not remained posted except for one or two nights. So, if father has not remained posted except for one or two nights. So, if father has not lived at the residence of his son, how can he be produced as witness lived at the residence of his son, how can he be produced as witness lived at the residence of his son, how can he be produced as witness lived at the residence of his son, how can he be produced as witness by the petitioner in order to support his contentions as nothing had by the petitioner in order to support his contentions as nothing had by the petitioner in order to support his contentions as nothing had by the petitioner in order to support his contentions as nothing had er in his cross- happened in front of him. That father of petitioner in his cross happened in front of him. That father of petition happened in front of him. That father of petition examination has further stated that most of the incidents were as examination has further stated that most of the incidents were as examination has further stated that most of the incidents were as examination has further stated that most of the incidents were as 2/A were told to him by his son and mentioned in his affidavit ExPW-2/A were told to him by his son and 2/A were told to him by his son and mentioned in his affidavit ExPW he also heard the recordings provided by his son. In his further cross- he also heard the recordings provided by his son. In his further cross he also heard the recordings provided by his son. In his further cross he also heard the recordings provided by his son. In his further cross er has stated that it was the examination, the father of petitioner has stated that it was the examination, the father of petition examination, the father of petition petitioner, who showed him the messages. He has further stated that petitioner, who showed him the messages. He has further stated that petitioner, who showed him the messages. He has further stated that petitioner, who showed him the messages. He has further stated that the audio recordings and messages were not edited but on what basis the audio recordings and messages were not edited but on what basis the audio recordings and messages were not edited but on what basis the audio recordings and messages were not edited but on what basis he can say so, when he was not part of those conversations. he can say so, when he was not part of those conversations. he can say so, when he was not part of those conversations. he can say so, when he was not part of those conversations. Accordingly, this witness i.e. PW Accordingly, this witness i.e. PW-2 Chander Shekher (father petitioner) cannot be said to have corroborated and supported the petitioner) cannot be said to have corroborated and supported the petitioner) cannot be said to have corroborated and supported the petitioner) cannot be said to have corroborated and supported the version of PW-1 as testimony of PW version of PW 1 as testimony of PW-2 is hearsay evidence.

164. 164. That petitioner in his affidavit has mentioned about the That petitioner in his affidavit has mentioned about the That petitioner in his affidavit has mentioned about the unts to cruelty and has made the conduct of the respondent, which amounts to cruelty and has made the conduct of the respondent, which amo conduct of the respondent, which amo reference regarding the fact that the respondent has not vacated the reference regarding the fact that the respondent has not vacated the reference regarding the fact that the respondent has not vacated the reference regarding the fact that the respondent has not vacated the official accommodation which was provided to the petitioner at Sector official accommodation which was provided to the petitioner at Sector official accommodation which was provided to the petitioner at Sector official accommodation which was provided to the petitioner at Sector 12A, Panchkula. That said act of respondent by moving false 12A, Panchkula. That said act of respondent by moving false 12A, Panchkula. That said act of respondent by moving false 12A, Panchkula. That said act of respondent by moving false t & Sessions Judge and even to the complaint to Ld. District & Sessions Judge and even to the t & Sessions Judge and even to the complaint to Ld. Distric Administrative Judge of the petitioner leveling allegations with regard Administrative Judge of the petitioner leveling allegations with regard Administrative Judge of the petitioner leveling allegations with regard Administrative Judge of the petitioner leveling allegations with regard to threats given by petitioner to respondent to vacate the house was to threats given by petitioner to respondent to vacate the house was to threats given by petitioner to respondent to vacate the house was to threats given by petitioner to respondent to vacate the house was only to get the petitioner humiliated and harassed. Though, the only to get the petitioner humiliated and harassed. Though, the only to get the petitioner humiliated and harassed. Though, the only to get the petitioner humiliated and harassed. Though, the modation was vacated by the respondent in Government Accommodation was vacated by the respondent in modation was vacated by the respondent in Government Accom TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -29- pursuance of notice under the Public Premises Act issued to her, so in pursuance of notice under the Public Premises Act issued to her, so in pursuance of notice under the Public Premises Act issued to her, so in pursuance of notice under the Public Premises Act issued to her, so in such circumstances it cannot be said that incident has caused the such circumstances it cannot be said that incident has caused the such circumstances it cannot be said that incident has caused the such circumstances it cannot be said that incident has caused the tremendous humiliation and harassment to the petitioner. tremendous humiliation and harassment to the petitioner. tremendous humiliation and harassment to the petitioner.

165. 165. petitioner persistently and consistently using the As the petitioner persistently and consistently using the petitioner persistently and consistently using the word humiliation and harassed at the hands of the respondent. Now word humiliation and harassed at the hands of the respondent. Now word humiliation and harassed at the hands of the respondent. Now word humiliation and harassed at the hands of the respondent. Now the Court has to consider whether the petitioner faced humiliation, the Court has to consider whether the petitioner faced humiliation, the Court has to consider whether the petitioner faced humiliation, the Court has to consider whether the petitioner faced humiliation, which he alleges to have suffer at the hands of respondent by referring which he alleges to have suffer at the hands of respondent by referring which he alleges to have suffer at the hands of respondent by referring which he alleges to have suffer at the hands of respondent by referring several instance, whether the same falls within the ambit of the several instance, whether the same falls within the ambit of the several instance, whether the same falls within the ambit of the several instance, whether the same falls within the ambit of the cruelty, whether he has been humiliated by her as alleged by him. For cruelty, whether he has been humiliated by her as alleged by him. For cruelty, whether he has been humiliated by her as alleged by him. For cruelty, whether he has been humiliated by her as alleged by him. For that reason, the court has to assess and scrutinized the document that reason, the court has to assess and scrutinized the document that reason, the court has to assess and scrutinized the document that reason, the court has to assess and scrutinized the document PA and Mark which have been relied upon by the petitioner as Mark PA and Mark which have been relied upon by the petitioner as Mark which have been relied upon by the petitioner as Mark PB and as per Mark PC, she made request to Ld. District & Sessions PB and as per Mark PC, she made request to Ld. District & Sessions PB and as per Mark PC, she made request to Ld. District & Sessions PB and as per Mark PC, she made request to Ld. District & Sessions Judge, Panchkula to issue directions to her husband to make Judge, Panchkula to issue directions to her husband to make Judge, Panchkula to issue directions to her husband to make Judge, Panchkula to issue directions to her husband to make alternative arrangements for their accommodation and till the said alternative arrangements for their accommodation and till the said alternative arrangements for their accommodation and till the said alternative arrangements for their accommodation and till the said arrangements, she may be allowed arrangements, she may be allowed arrangements, she may be allowed to stay to stay to stay ficial the official the of the of accommodation. Though, these documents being marked documents accommodation. Though, these documents being marked documents accommodation. Though, these documents being marked documents accommodation. Though, these documents being marked documents cannot be read into evidence but considering the fact that these cannot be read into evidence but considering the fact that these cannot be read into evidence but considering the fact that these cannot be read into evidence but considering the fact that these documents are relevant, the court has to take the judicial notice of the documents are relevant, the court has to take the judicial notice of the documents are relevant, the court has to take the judicial notice of the documents are relevant, the court has to take the judicial notice of the of the Family same and can consider the same as per Section 14 of the Family same and can consider the same as per Section 14 same and can consider the same as per Section 14 Courts Act, 1984. Courts Act, 1984.

166. 166. Firstly, I would like to refer the document Mark PA. This Firstly, I would like to refer the document Mark PA. This Firstly, I would like to refer the document Mark PA. This document has been refer to respondent and this document contains the document has been refer to respondent and this document contains the document has been refer to respondent and this document contains the document has been refer to respondent and this document contains the recital that petitioner i.e. Rohit Watts has relinquish the charge on recital that petitioner i.e. Rohit Watts has relinquish the charge on recital that petitioner i.e. Rohit Watts has relinquish the charge on recital that petitioner i.e. Rohit Watts has relinquish the charge on the letter dated 12.03.2020 and 17.03.2020 20.01.2020 and as per the letter dated 12.03.2020 and 17.03.2020 the letter dated 12.03.2020 and 17.03.2020 20.01.2020 and as per TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -30- respectively has informed the Ld. District & Sessions Judge, respectively has informed the Ld. District & Sessions Judge, respectively has informed the Ld. District & Sessions Judge, respectively has informed the Ld. District & Sessions Judge, Panchkula that he has vacated the possession of the said house and he Panchkula that he has vacated the possession of the said house and he Panchkula that he has vacated the possession of the said house and he Panchkula that he has vacated the possession of the said house and he has taken over the possession of House No.J3, New Officer Colony, at has taken over the possession of House No.J3, New Officer Colony, at has taken over the possession of House No.J3, New Officer Colony, at has taken over the possession of House No.J3, New Officer Colony, at So, even if the wording of these four lines is to be Ambala City. So, even if the wording of these four lines is to be So, even if the wording of these four lines is to be Ambala City. interpreted in the strict sense which clearly leads to the conclusion interpreted in the strict sense which clearly leads to the conclusion interpreted in the strict sense which clearly leads to the conclusion interpreted in the strict sense which clearly leads to the conclusion that how a person can be said to have vacated the premises when his that how a person can be said to have vacated the premises when his that how a person can be said to have vacated the premises when his that how a person can be said to have vacated the premises when his family i.e. his wife and minor daughter are still occupying the same family i.e. his wife and minor daughter are still occupying the family i.e. his wife and minor daughter are still occupying the and more particularly, the respondent has sent a letter to the Ld. and more particularly, the respondent has sent a letter to the Ld. and more particularly, the respondent has sent a letter to the Ld. and more particularly, the respondent has sent a letter to the Ld. District & Sessions Judge, Panchkula. Though, this letter does not District & Sessions Judge, Panchkula. Though, this letter does not District & Sessions Judge, Panchkula. Though, this letter does not District & Sessions Judge, Panchkula. Though, this letter does not bear any date, whereby she is clearly alleging that her husband i.e. bear any date, whereby she is clearly alleging that her husband i.e. bear any date, whereby she is clearly alleging that her husband i.e. bear any date, whereby she is clearly alleging that her husband i.e. orcible dispossession the present petitioner is threatening her with forcible dispossession the present petitioner is threatening her with f the present petitioner is threatening her with f i.e. from the said house of No.2, Sector 12A, Judicial Officer i.e. from the said house of No.2, Sector 12A, Judicial Officer i.e. from the said house of No.2, Sector 12A, Judicial Officer i.e. from the said house of No.2, Sector 12A, Judicial Officer Complex, Panchkula and she has made several request to the Complex, Panchkula and she has made several request to the Complex, Panchkula and she has made several request to the Complex, Panchkula and she has made several request to the petitioner that he should arranged for an alternative accommodation petitioner that he should arranged for an alternative accommodation petitioner that he should arranged for an alternative accommodation petitioner that he should arranged for an alternative accommodation , which she has addressed for them as already mentioned in this letter, which she has addressed for them as already mentioned in this letter for them as already mentioned in this letter to the Ld. District & Sessions Judge, Panchkula does not bear any to the Ld. District & Sessions Judge, Panchkula does not bear any to the Ld. District & Sessions Judge, Panchkula does not bear any to the Ld. District & Sessions Judge, Panchkula does not bear any date, but, certainly the same has been sent by respondent when she date, but, certainly the same has been sent by respondent when she date, but, certainly the same has been sent by respondent when she date, but, certainly the same has been sent by respondent when she was in possession of the same. Then a letter Mark PB has been sent was in possession of the same. Then a letter Mark PB has been sent was in possession of the same. Then a letter Mark PB has been sent was in possession of the same. Then a letter Mark PB has been sent ict & Sessions Judge, Panchkula on by Superintendent of Ld. District & Sessions Judge, Panchkula on ict & Sessions Judge, Panchkula on by Superintendent of Ld. Distr

07.03.2020, whereby the petitioner was allowed to retain the said 07.03.2020, whereby the petitioner was allowed to retain the said 07.03.2020, whereby the petitioner was allowed to retain the said 07.03.2020, whereby the petitioner was allowed to retain the said house upto 15.03.2020 and then a letter has been sent by Ld. District house upto 15.03.2020 and then a letter has been sent by Ld. District house upto 15.03.2020 and then a letter has been sent by Ld. District house upto 15.03.2020 and then a letter has been sent by Ld. District & Sessions Judge, Panchkula on 18.03.2020 for eviction of the house & Sessions Judge, Panchkula on 18.03.2020 for eviction of the house & Sessions Judge, Panchkula on 18.03.2020 for eviction of the house & Sessions Judge, Panchkula on 18.03.2020 for eviction of the house within period of three days. within period of

167. 167. When I have considered the documents in the forgoing When I have considered the documents in the forgoing When I have considered the documents in the forgoing TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -31- para of the Judgment, there is version of respondent that she was para of the Judgment, there is version of respondent that she was para of the Judgment, there is version of respondent that she was para of the Judgment, there is version of respondent that she was making several requests to the petitioner and asking him for providing making several requests to the petitioner and asking him for providing making several requests to the petitioner and asking him for providing making several requests to the petitioner and asking him for providing ded wife and for an alternative accommodation for his legally wedded wife and for an alternative accommodation for his legally wed an alternative accommodation for his legally wed their daughter and even perusal of these documents clearly reveals their daughter and even perusal of these documents clearly reveals their daughter and even perusal of these documents clearly reveals their daughter and even perusal of these documents clearly reveals that petitioner was granted permission to retain the said house at that petitioner was granted permission to retain the said house at that petitioner was granted permission to retain the said house at that petitioner was granted permission to retain the said house at 9/6. Thereafter, on 18.03.2020 Panchkula till 15.03.2020 as per ExRW-9/6. Thereafter, on 18.03.2020 Panchkula till 15.03.2020 as per ExRW Panchkula till 15.03.2020 as per ExRW as issued by the Ld. District & a notice of eviction of said house was issued by the Ld. District & a notice of eviction of said house w a notice of eviction of said house w Sessions Judge, Panchkula. So, if we consider the dates and more Sessions Judge, Panchkula. So, if we consider the dates and more Sessions Judge, Panchkula. So, if we consider the dates and more Sessions Judge, Panchkula. So, if we consider the dates and more particularly these documents have been produced by the petitioner in particularly these documents have been produced by the petitioner in particularly these documents have been produced by the petitioner in particularly these documents have been produced by the petitioner in support of his contentions, then how he has been humiliated and support of his contentions, then how he has been humiliated and support of his contentions, then how he has been humiliated and support of his contentions, then how he has been humiliated and was issued to the respondent to vacate the harassed, when the notice was issued to the respondent to vacate the was issued to the respondent to vacate the harassed, when the notice house on 18.03.2020, by the Ld. District & Sessions Judge, house on 18.03.2020, by the Ld. District & Sessions Judge, house on 18.03.2020, by the Ld. District & Sessions Judge, house on 18.03.2020, by the Ld. District & Sessions Judge, examination has admitted Panchkula. That respondent in her cross-examination has admitted Panchkula. That respondent in her cross Panchkula. That respondent in her cross that she has vacated the government accommodation in Panchkula that she has vacated the government accommodation in Panchkula that she has vacated the government accommodation in Panchkula that she has vacated the government accommodation in Panchkula under the Public Premises Act, from the Ld. after receiving the notice under the Public Premises Act, from the Ld. under the Public Premises Act, from the Ld. after receiving the notice District & Sessions Judge, Panchkula and at the same time, the District & Sessions Judge, Panchkula and at the same time, the District & Sessions Judge, Panchkula and at the same time, the District & Sessions Judge, Panchkula and at the same time, the respondent has stated that the petitioner got served the said notice respondent has stated that the petitioner got served the said notice respondent has stated that the petitioner got served the said notice respondent has stated that the petitioner got served the said notice upon her in collusion with his colleagues just with a motive to malign upon her in collusion with his colleagues just with a motive to malign upon her in collusion with his colleagues just with a motive to malign upon her in collusion with his colleagues just with a motive to malign t petitioner has failed to explain how he was humiliated and her. That petitioner has failed to explain how he was humiliated and t petitioner has failed to explain how he was humiliated and her. Tha harassed by the respondent and he also fails to explain how this act harassed by the respondent and he also fails to explain how this act harassed by the respondent and he also fails to explain how this act harassed by the respondent and he also fails to explain how this act amounts to cruelty meted out to him by the respondent. amounts to cruelty meted out to him by the respondent. amounts to cruelty meted out to him by the respondent.

168. 168. That so far as the allegations raised by the respondent That so far as the allegations raised by the respondent That so far as the allegations raised by the respondent has been forced to abort her foetus twice as they were found that she has been forced to abort her foetus twice as they were found has been forced to abort her foetus twice as they were found that she to be girl foetus after their sex determination. The petitioner raised to be girl foetus after their sex determination. The petitioner raised to be girl foetus after their sex determination. The petitioner raised to be girl foetus after their sex determination. The petitioner raised TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -32- the arguments that in order to prove these allegations, the respondent the arguments that in order to prove these allegations, the respondent the arguments that in order to prove these allegations, the respondent the arguments that in order to prove these allegations, the respondent d. However, in has failed to lead any kind of evidence in this regard. However, in has failed to lead any kind of evidence in this regar has failed to lead any kind of evidence in this regar examination of the order to ascertain this fact, during the cross-examination of the order to ascertain this fact, during the cross order to ascertain this fact, during the cross respondent, suggestion was put to her, wherein she denied the fact that respondent, suggestion was put to her, wherein she denied the fact that respondent, suggestion was put to her, wherein she denied the fact that respondent, suggestion was put to her, wherein she denied the fact that Bhua of petitioner never took her to Shahabad for the determination Bhua of petitioner never took her to Shahabad for the determination Bhua of petitioner never took her to Shahabad for the determination Bhua of petitioner never took her to Shahabad for the determination he fact that no complaint was moved of sex of the child. She admitted the fact that no complaint was moved he fact that no complaint was moved of sex of the child. She admitted t either to police or to any other authority in this regard. She stated that either to police or to any other authority in this regard. She stated that either to police or to any other authority in this regard. She stated that either to police or to any other authority in this regard. She stated that the petitioner asserted his right being the father of child and said that the petitioner asserted his right being the father of child and said that the petitioner asserted his right being the father of child and said that the petitioner asserted his right being the father of child and said that he is financially not capable to raise the second child. The petitioner he is financially not capable to raise the second child. The petitioner he is financially not capable to raise the second child. The petitioner he is financially not capable to raise the second child. The petitioner has stated that respondent has not produced any evidence in the oral has stated that respondent has not produced any evidence in the oral has stated that respondent has not produced any evidence in the oral has stated that respondent has not produced any evidence in the oral or documentary form in order to prove this allegation. or documentary form in order to prove this allegation. or documentary form in order to prove this allegation.

169. 169. Now I have considered this point of argument regarding Now I have considered this point of argument regarding Now I have considered this point of argument regarding producing of evidence qua this fact. However, there is no denial non-producing of evidence qua this fact. However, there is no denial producing of evidence qua this fact. However, there is no denial f the fact that there is no such documentary evidence is on record of the fact that there is no such documentary evidence is on record f the fact that there is no such documentary evidence is on record f the fact that there is no such documentary evidence is on record and regarding this fact there is only oral evidence on record through and regarding this fact there is only oral evidence on record through and regarding this fact there is only oral evidence on record through and regarding this fact there is only oral evidence on record through the testimony of respondent as she is the best witness regarding this the testimony of respondent as she is the best witness regarding this the testimony of respondent as she is the best witness regarding this the testimony of respondent as she is the best witness regarding this this fact cannot be fact but due to lack of any documentary evidence, this fact cannot be fact but due to lack of any documentary evidence, fact but due to lack of any documentary evidence, said to be invalid as in order to save her matrimonial life, the said to be invalid as in order to save her matrimonial life, the said to be invalid as in order to save her matrimonial life, the said to be invalid as in order to save her matrimonial life, the respondent was made to do so and if anybody is found to be indulged respondent was made to do so and if anybody is found to be indulged respondent was made to do so and if anybody is found to be indulged respondent was made to do so and if anybody is found to be indulged in such kind of activities, there is punishment provided for the same in such kind of activities, there is punishment provided for the same in such kind of activities, there is punishment provided for the same in such kind of activities, there is punishment provided for the same under Medical Termination of Pre and even if, Medical Termination of Pregnancy ( MTP) Act and even if, the said sex determination test has been performed from any of the the said sex determination test has been performed from any of the the said sex determination test has been performed from any of the the said sex determination test has been performed from any of the diagnostic center, they will not keep the record of the same as the said diagnostic center, they will not keep the record of the same as the said diagnostic center, they will not keep the record of the same as the said diagnostic center, they will not keep the record of the same as the said act being illegal act and certainly same is to be performed in a secret act being illegal act and certainly same is to be performed in a secret act being illegal act and certainly same is to be performed in a secret act being illegal act and certainly same is to be performed in a secret TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -33- manner and when no such record is prepared in this regard then it manner and when no such record is prepared in this regard then it manner and when no such record is prepared in this regard then it manner and when no such record is prepared in this regard then it would not be possible for the respondent to bring on record/anything would not be possible for the respondent to bring on record/anything would not be possible for the respondent to bring on record/anything would not be possible for the respondent to bring on record/anything in the form of black and white and to get the same proved while in the form of black and white and to get the same proved while in the form of black and white and to get the same proved while in the form of black and white and to get the same proved while kept the leading any kind of cogent evidence as nobody would have kept the leading any kind of cogent evidence as nobody would have leading any kind of cogent evidence as nobody would have record which could harm their own interest in future. That it has record which could harm their own interest in future. That it has record which could harm their own interest in future. That it has record which could harm their own interest in future. That it has clearly come in the cross-examination of PW clearly come in the cross 1 that pregnancy of examination of PW-1 that pregnancy of respondent was terminated at Batra Hospital and he has further respondent was terminated at Batra Hospital and he has further respondent was terminated at Batra Hospital and he has further respondent was terminated at Batra Hospital and he has further ne thing has deposed that afterwards she has never conceived. So, one thing has deposed that afterwards she has never conceived. So, o deposed that afterwards she has never conceived. So, o become crystal clear that pregnancy of respondent was terminated. become crystal clear that pregnancy of respondent was terminated. become crystal clear that pregnancy of respondent was terminated. become crystal clear that pregnancy of respondent was terminated. the respondent are found to be correct. Thus, allegations so leveled by the respondent are found to be correct. the respondent are found to be correct. Thus, allegations so

170. 170. However, simply for the reason that the respondent is law However, simply for the reason that the respondent is law However, simply for the reason that the respondent is law she is daughter of an IPS graduate and she works as AAG, admittedly she is daughter of an IPS graduate and she works as AAG, admittedly graduate and she works as AAG, admittedly Officer and her brother is having a five star hotel, it cannot be said Officer and her brother is having a five star hotel, it cannot be said Officer and her brother is having a five star hotel, it cannot be said Officer and her brother is having a five star hotel, it cannot be said that she has not undergone for the sex determination test. There is that she has not undergone for the sex determination test. There is that she has not undergone for the sex determination test. There is that she has not undergone for the sex determination test. There is every possibility that in order to save her marriage and at the instance every possibility that in order to save her marriage and at the instance every possibility that in order to save her marriage and at the instance every possibility that in order to save her marriage and at the instance he might have undergone the sex determination test of her husband, she might have undergone the sex determination test he might have undergone the sex determination test of her husband, s for two times as already discussed above. That even this fact of for two times as already discussed above. That even this fact of for two times as already discussed above. That even this fact of for two times as already discussed above. That even this fact of getting the sex determination of foetus and for aborting the same getting the sex determination of foetus and for aborting the same getting the sex determination of foetus and for aborting the same getting the sex determination of foetus and for aborting the same twice has been brought to the notice of the parents of the petitioner by twice has been brought to the notice of the parents of the petitioner by twice has been brought to the notice of the parents of the petitioner by twice has been brought to the notice of the parents of the petitioner by he father of the respondent. Had there been no such event took place the father of the respondent. Had there been no such event took place he father of the respondent. Had there been no such event took place he father of the respondent. Had there been no such event took place as has been alleged by the respondent, then there was no occasion for as has been alleged by the respondent, then there was no occasion for as has been alleged by the respondent, then there was no occasion for as has been alleged by the respondent, then there was no occasion for her father to brought it to the notice of parents of petitioner. her father to brought it to the notice of parents of petitioner. her father to brought it to the notice of parents of petitioner.

171. 171. how the act That respondent in her pleadings in order to show the act That respondent in her pleadings in order to s and conduct of the petitioner, while answering the contentions of the and conduct of the petitioner, while answering the contentions of the and conduct of the petitioner, while answering the contentions of the and conduct of the petitioner, while answering the contentions of the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -34- petitioner has further raised allegations that at the time of her visit to petitioner has further raised allegations that at the time of her visit to petitioner has further raised allegations that at the time of her visit to petitioner has further raised allegations that at the time of her visit to Gohana, while arranging petitioner’s wardrobe, she discovered Gohana, while arranging petitioner’s wardrobe, she discovered Gohana, while arranging petitioner’s wardrobe, she discovered Gohana, while arranging petitioner’s wardrobe, she discovered les of condoms and when she excessive amount of Shilajit and bundles of condoms and when she excessive amount of Shilajit and bund excessive amount of Shilajit and bund raised objection, she was humiliated and she was sent back to Panipat raised objection, she was humiliated and she was sent back to Panipat raised objection, she was humiliated and she was sent back to Panipat raised objection, she was humiliated and she was sent back to Panipat at midnight. Even the allegations with regard to watching child at midnight. Even the allegations with regard to watching child at midnight. Even the allegations with regard to watching child at midnight. Even the allegations with regard to watching child pornography and other barred illegal sites have also been leveled pornography and other barred illegal sites have also been leveled pornography and other barred illegal sites have also been leveled pornography and other barred illegal sites have also been leveled e respondent. The petitioner in his against the petitioner by the respondent. The petitioner in his e respondent. The petitioner in his against the petitioner by th rejoinder have denied all the allegations leveled by the respondent rejoinder have denied all the allegations leveled by the respondent rejoinder have denied all the allegations leveled by the respondent rejoinder have denied all the allegations leveled by the respondent whether it is with regard to discovering of excessive amount of Shilajit whether it is with regard to discovering of excessive amount of Shilajit whether it is with regard to discovering of excessive amount of Shilajit whether it is with regard to discovering of excessive amount of Shilajit and bundle of condoms or with regard and bundle of condoms or with regard and bundle of condoms or with regard and bundle of condoms or with regard to watching child to watching child to watching child to watching child l barred sites. So, specific recovery of these pornography/other illegal barred sites. So, specific recovery of these l barred sites. So, specific recovery of these pornography/other illega two articles, when the husband is residing alone at the place of two articles, when the husband is residing alone at the place of two articles, when the husband is residing alone at the place of two articles, when the husband is residing alone at the place of posting, this raises finger upon the character of husband and even this posting, this raises finger upon the character of husband and even this posting, this raises finger upon the character of husband and even this posting, this raises finger upon the character of husband and even this issue has been raised by the wife in her written statement. So, it issue has been raised by the wife in her written statement. So, it issue has been raised by the wife in her written statement. So, it issue has been raised by the wife in her written statement. So, it ly leads to the conclusion that though discovering of these clearly leads to the conclusion that though discovering of these ly leads to the conclusion that though discovering of these articles again create suspicion, even then she wants to live with her articles again create suspicion, even then she wants to live with her articles again create suspicion, even then she wants to live with her articles again create suspicion, even then she wants to live with her husband, just to save her matrimonial relation with petitioner and that husband, just to save her matrimonial relation with petitioner and that husband, just to save her matrimonial relation with petitioner and that husband, just to save her matrimonial relation with petitioner and that g of this specific is why she kept mum over this issue and despite raising of this specific is why she kept mum over this issue and despite raisin is why she kept mum over this issue and despite raisin allegation qua the above said incident, there is no specific denial has allegation qua the above said incident, there is no specific denial has allegation qua the above said incident, there is no specific denial has allegation qua the above said incident, there is no specific denial has come on record from the side of petitioner. come on record from the side of petitioner. come on record from the side of petitioner.

172. 172. That it is worthwhile to mention here that in order to That it is worthwhile to mention here that in order to That it is worthwhile to mention here that in order to pondent has prove the professional misconduct of the petitioner, the respondent has prove the professional misconduct of the petitioner, the res prove the professional misconduct of the petitioner, the res 5 namely Umesh Kumar, who has tendered examined the witness RW-5 namely Umesh Kumar, who has tendered 5 namely Umesh Kumar, who has tendered examined the witness RW 5/A and he in Para No.2 of his into evidence his affidavit ExRW-5/A and he in Para No.2 of his into evidence his affidavit ExRW into evidence his affidavit ExRW- TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -35- affidavit has stated that :- affidavit has stated that That the petitioner is habitual of creating fabricated “Para No.2:- That the petitioner is habitual of creating fabricated That the petitioner is habitual of creating fabricated “Para No.2: ts and claiming false bills. The petitioner used to records, false reports and claiming false bills. The petitioner used to ts and claiming false bills. The petitioner used to records, false repor force the deponent to get his false bills prepared regarding attending force the deponent to get his false bills prepared regarding attending force the deponent to get his false bills prepared regarding attending force the deponent to get his false bills prepared regarding attending of legal literacy camps, monthly lok adalat, tours of school and of legal literacy camps, monthly lok adalat, tours of school and of legal literacy camps, monthly lok adalat, tours of school and of legal literacy camps, monthly lok adalat, tours of school and colleges. The deponent has raised objections many times and he used colleges. The deponent has raised objections many times and he used colleges. The deponent has raised objections many times and he used colleges. The deponent has raised objections many times and he used to torture and haras the deponent in lieu of it.” to torture and haras the deponent in lieu of it.” to torture and haras the deponent in lieu of it.” He further mentioned in Para No.3 of his affidavit that :- He further mentioned in Para No.3 of his affidavit that That on 13.02.2016 a monthly Lok Adalat was “Para No.3 :- That on 13.02.2016 a monthly Lok Adalat was That on 13.02.2016 a monthly Lok Adalat was “Para No.3 : organized in all over Haryana. On 12.02.2016, the petitioner had organized in all over Haryana. On 12.02.2016, the petitioner had organized in all over Haryana. On 12.02.2016, the petitioner had organized in all over Haryana. On 12.02.2016, the petitioner had place i.e. Jalalabad ( West), District Ferozpur ( gone to his native place i.e. Jalalabad ( West), District Ferozpur ( place i.e. Jalalabad ( West), District Ferozpur ( gone to his native Punjab), without applying any station leave. The petitioner did not Punjab), without applying any station leave. The petitioner did not Punjab), without applying any station leave. The petitioner did not Punjab), without applying any station leave. The petitioner did not attend the monthly Lok Adalat, held on 13.02.2016 and came back to attend the monthly Lok Adalat, held on 13.02.2016 and came back to attend the monthly Lok Adalat, held on 13.02.2016 and came back to attend the monthly Lok Adalat, held on 13.02.2016 and came back to his office on 15.02.2016. On this day i.e. 15.02.2016, he marked his his office on 15.02.2016. On this day i.e. 15.02.2016, he marked his his office on 15.02.2016. On this day i.e. 15.02.2016, he marked his his office on 15.02.2016. On this day i.e. 15.02.2016, he marked his esence in the attendance register for 13.02.2016 and on the basis of presence in the attendance register for 13.02.2016 and on the basis of esence in the attendance register for 13.02.2016 and on the basis of esence in the attendance register for 13.02.2016 and on the basis of this false and forged record, he claimed Honorarium of ₹2,500/- and this false and forged record, he claimed Honorarium of this false and forged record, he claimed Honorarium of withdrew the same from account No.00902040000140 of National withdrew the same from account No.00902040000140 of National withdrew the same from account No.00902040000140 of National withdrew the same from account No.00902040000140 of National Legal Services Authority, New Delhi vide cheque No.324082 dated Legal Services Authority, New Delhi vide cheque No.324082 Legal Services Authority, New Delhi vide cheque No.324082

01.03.2016, Oriental Bank of Commerce, Jhajjar Branch. 01.03.2016, Oriental Bank of Commerce, Jhajjar Branch. 01.03.2016, Oriental Bank of Commerce, Jhajjar Branch. Similarly, on various other occasions he used to claim money Similarly, on various other occasions he used to claim money Similarly, on various other occasions he used to claim money on the pretext of such false bills about which the he has also on the pretext of such false bills about which the he has also on the pretext of such false bills about which the he has also on the pretext of such false bills about which the he has also mentioned in his complaint. He used to visit in DLF Cyber Hub Hotel, mentioned in his complaint. He used to visit in DLF Cyber Hub Hotel, mentioned in his complaint. He used to visit in DLF Cyber Hub Hotel, mentioned in his complaint. He used to visit in DLF Cyber Hub Hotel, urugaon in the night without applying any station leave.” Gurugaon in the night without applying any station leave.” urugaon in the night without applying any station leave.” RW-5 in Para No.5 of his affidavit has further stated 5 in Para No.5 of his affidavit has further stated that :- TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -36- That on 23.06.2016, the witness sent a complaint “ Para No.5:- That on 23.06.2016, the witness sent a complaint That on 23.06.2016, the witness sent a complaint “ Para No.5: against the petitioner to the Hon’ble Supreme Court of India, New against the petitioner to the Hon’ble Supreme Court of India, New against the petitioner to the Hon’ble Supreme Court of India, New against the petitioner to the Hon’ble Supreme Court of India, New as well as Hon’ble High Court of Punjab & Haryana, Delhi as well as Hon’ble High Court of Punjab & Haryana, as well as Hon’ble High Court of Punjab & Haryana, Delhi Chandigarh. However, Hon’ble Supreme Court of India returned the Chandigarh. However, Hon’ble Supreme Court of India returned the Chandigarh. However, Hon’ble Supreme Court of India returned the Chandigarh. However, Hon’ble Supreme Court of India returned the complaint mentioning that “ Your attention is drawn to Article 235 of complaint mentioning that “ Your attention is drawn to Article 235 of complaint mentioning that “ Your attention is drawn to Article 235 of complaint mentioning that “ Your attention is drawn to Article 235 of the Constitution of India under which control over Subordinate Courts the Constitution of India under which control over Subordinate Courts the Constitution of India under which control over Subordinate Courts the Constitution of India under which control over Subordinate Courts and persons belongs to the judicial services of the State is with the and persons belongs to the judicial services of the State is with the and persons belongs to the judicial services of the State is with the and persons belongs to the judicial services of the State is with the High Court. You may take appropriate steps permissible under High Court. You may take appropriate steps permissible under High Court. You may take appropriate steps permissible under High Court. You may take appropriate steps permissible under provisions of law. No further correspondence in this regard with be provisions of law. No further correspondence in this regard with be provisions of law. No further correspondence in this regard with be provisions of law. No further correspondence in this regard with be entertained.” entertained.”

173. 173. That in this regard, there are serious allegations against That in this regard, there are serious allegations against That in this regard, there are serious allegations against the petitioner leveled by his own employee/subordinate Umesh Kumar the petitioner leveled by his own employee/subordinate Umesh Kumar the petitioner leveled by his own employee/subordinate Umesh Kumar the petitioner leveled by his own employee/subordinate Umesh Kumar in Para No.2 &3 and he has moved the complaint on 23.06.2016 to in Para No.2 &3 and he has moved the complaint on 23.06.2016 to in Para No.2 &3 and he has moved the complaint on 23.06.2016 to in Para No.2 &3 and he has moved the complaint on 23.06.2016 to the Hon’ble Apex Court of India, whereby a direction has been given the Hon’ble Apex Court of India, whereby a direction has been give the Hon’ble Apex Court of India, whereby a direction has been give the Hon’ble Apex Court of India, whereby a direction has been give to him to take the appropriate steps and to move his complaint before to him to take the appropriate steps and to move his complaint before to him to take the appropriate steps and to move his complaint before to him to take the appropriate steps and to move his complaint before the Hon’ble Punjab & Haryana High Court. When I have gone the Hon’ble Punjab & Haryana High Court. When I have gone the Hon’ble Punjab & Haryana High Court. When I have gone the Hon’ble Punjab & Haryana High Court. When I have gone examination, which has been conducted by through the entire cross-examination, which has been conducted by examination, which has been conducted by through the entire cross Bassi, no the two very senior advocates Shri N.K. Nanda and Shri P.S. Bassi, no the two very senior advocates Shri N.K. Nanda and Shri P.S. the two very senior advocates Shri N.K. Nanda and Shri P.S. specific question has been put to this witness as this witness has specific question has been put to this witness as this witness has specific question has been put to this witness as this witness has specific question has been put to this witness as this witness has categorically mentioned the fact that the petitioner is habitual of categorically mentioned the fact that the petitioner is habitual of categorically mentioned the fact that the petitioner is habitual of categorically mentioned the fact that the petitioner is habitual of creating fabricate record, false reports and claim the false bills. Even creating fabricate record, false reports and claim the false bills. Even creating fabricate record, false reports and claim the false bills. Even creating fabricate record, false reports and claim the false bills. Even RW-5 Umesh Kumar was forced to prepare RW the false bills regarding 5 Umesh Kumar was forced to prepare the false bills regarding attending legal literacy camps, monthly lok adalat, tours of schools attending legal literacy camps, monthly lok adalat, tours of schools attending legal literacy camps, monthly lok adalat, tours of schools attending legal literacy camps, monthly lok adalat, tours of schools and colleges. It is further mentioned that petitioner did not hold the and colleges. It is further mentioned that petitioner did not hold the and colleges. It is further mentioned that petitioner did not hold the and colleges. It is further mentioned that petitioner did not hold the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -37- National Lok Adalat on 13.02.2016. The petitioner being the National Lok Adalat on 13.02.2016. The petitioner being the National Lok Adalat on 13.02.2016. The petitioner being the National Lok Adalat on 13.02.2016. The petitioner being the ority without participating in Lok Secretary Legal Services Authority without participating in Lok ority without participating in Lok Secretary Legal Services Auth and even Adalat had claimed the honorarium for the sum of ₹2500/- and even Adalat had claimed the honorarium for the sum of Adalat had claimed the honorarium for the sum of this witness has mentioned the account number from where the above this witness has mentioned the account number from where the above this witness has mentioned the account number from where the above this witness has mentioned the account number from where the above said honorarium has been withdrawn and also mentioned the cheque said honorarium has been withdrawn and also mentioned the cheque said honorarium has been withdrawn and also mentioned the cheque said honorarium has been withdrawn and also mentioned the cheque the withdrawal of the honorarium is an number of the same. So, the withdrawal of the honorarium is an the withdrawal of the honorarium is an number of the same. So, examination has been conducted admitted fact and no specific cross-examination has been conducted admitted fact and no specific cross admitted fact and no specific cross qua these facts by the petitioner that he has attended the National Lok qua these facts by the petitioner that he has attended the National Lok qua these facts by the petitioner that he has attended the National Lok qua these facts by the petitioner that he has attended the National Lok Furthermore, in order to prove the professional misconduct of Adalat. Furthermore, in order to prove the professional misconduct of Furthermore, in order to prove the professional misconduct of Adalat. 5 has even filed a complaint before the Hon’ble the petitioner, RW-5 has even filed a complaint before the Hon’ble 5 has even filed a complaint before the Hon’ble the pet Chief Justice of Punjab & Haryana High Court. Chief Justice of Punjab & Haryana High Court. Chief Justice of Punjab & Haryana High Court.

174. 174. Though, a general suggestion has been put to this Though, a general suggestion has been put to this Though, a general suggestion has been put to this witness that he has filed false affidavit but that does not serve the witness that he has filed false affidavit but that does not serve the witness that he has filed false affidavit but that does not serve the witness that he has filed false affidavit but that does not serve the purpose of petitioner that the averments so mentioned by RW purpose of petitioner th 5 are at the averments so mentioned by RW-5 are not truthful version of this witness and raising of a finger by an not truthful version of this witness and raising of a finger by an not truthful version of this witness and raising of a finger by an not truthful version of this witness and raising of a finger by an employee is a matter of concern particularly for a person, who is employee is a matter of concern particularly for a person, who is employee is a matter of concern particularly for a person, who is employee is a matter of concern particularly for a person, who is Secretary of Legal Service Authorities. This employee has even stated Secretary of Legal Service Authorities. This employee has even stated Secretary of Legal Service Authorities. This employee has even stated Secretary of Legal Service Authorities. This employee has even stated idavit this affidavit idavit this aff to verify to verify to verify fact so made by him while fact so made by him while fact so made by him while tracing/locating the call details, so certainly when an employee has tracing/locating the call details, so certainly when an employee has tracing/locating the call details, so certainly when an employee has tracing/locating the call details, so certainly when an employee has come up with a specific allegation and even made the suggestion that come up with a specific allegation and even made the suggestion that come up with a specific allegation and even made the suggestion that come up with a specific allegation and even made the suggestion that for tracing out the tower locations of the calls made by the such for tracing out the tower locations of the calls made by the such for tracing out the tower locations of the calls made by the such for tracing out the tower locations of the calls made by the such er as he remained to be absent on the day when National Lok officer as he remained to be absent on the day when National Lok er as he remained to be absent on the day when National Lok Adalat was going to be held as already mentioned these kind of very Adalat was going to be held as already mentioned these kind of very Adalat was going to be held as already mentioned these kind of very Adalat was going to be held as already mentioned these kind of very serious allegations against the petitioner clearly shows the doubtful serious allegations against the petitioner clearly shows the doubtful serious allegations against the petitioner clearly shows the doubtful serious allegations against the petitioner clearly shows the doubtful TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -38- ervices of this conduct of the petitioner. That so far the fact that the services of this conduct of the petitioner. That so far the fact that the s conduct of the petitioner. That so far the fact that the s witness stands dispensed with but certainly there must be substance in witness stands dispensed with but certainly there must be substance in witness stands dispensed with but certainly there must be substance in witness stands dispensed with but certainly there must be substance in these allegations, otherwise, a subordinate would not dare to level these allegations, otherwise, a subordinate would not dare to level these allegations, otherwise, a subordinate would not dare to level these allegations, otherwise, a subordinate would not dare to level such kind of so serious allegations against his immediate Presiding such kind of so serious allegations against his immediate Presiding such kind of so serious allegations against his immediate Presiding such kind of so serious allegations against his immediate Presiding Officer. Officer.

175. 175. That so far as the conduct and behaviour of the conduct and behaviour of the petitioner towards the respondent is concerned, it is relevant to petitioner towards the respondent is concerned, it is relevant to petitioner towards the respondent is concerned, it is relevant to petitioner towards the respondent is concerned, it is relevant to mention here that respondent has come up with specific plea that she mention here that respondent has come up with specific plea that she mention here that respondent has come up with specific plea that she mention here that respondent has come up with specific plea that she has been harassed mentally and assaulted physically and this fact has has been harassed mentally and assaulted physically and this fact has has been harassed mentally and assaulted physically and this fact has has been harassed mentally and assaulted physically and this fact has Ray report, which has been proved as ExR1 got strength from the X-Ray report, which has been proved as ExR1 Ray report, which has been proved as ExR1 got strength from the and ExR2, vide which it has been proved that the ring finger of and ExR2, vide which it has been proved that the ring finger of and ExR2, vide which it has been proved that the ring finger of and ExR2, vide which it has been proved that the ring finger of respondent was got fractured. This act of petitioner shows that he respondent was got fractured. This act of petitioner shows that he respondent was got fractured. This act of petitioner shows that he respondent was got fractured. This act of petitioner shows that he became in the mode of aggression and he has broken the finger of his became in the mode of aggression and he has broken the finger of his became in the mode of aggression and he has broken the finger of his became in the mode of aggression and he has broken the finger of his he present respondent. Though, the petitioner at the same wife i.e. the present respondent. Though, the petitioner at the same he present respondent. Though, the petitioner at the same wife i.e. t time alleges that the finger of respondent was got fractured at time alleges that the finger of respondent was got fractured at time alleges that the finger of respondent was got fractured at time alleges that the finger of respondent was got fractured at Chandigarh in the house of her parents but the respondent in order to Chandigarh in the house of her parents but the respondent in order to Chandigarh in the house of her parents but the respondent in order to Chandigarh in the house of her parents but the respondent in order to xR1. give support to her contention, has proved the X-ray report as ExR1. give support to her contention, has proved the X give support to her contention, has proved the X As per the respondent, this incident took place at Panipat and she was As per the respondent, this incident took place at Panipat and she was As per the respondent, this incident took place at Panipat and she was As per the respondent, this incident took place at Panipat and she was not provided any medical help there and when she came to her not provided any medical help there and when she came to her not provided any medical help there and when she came to her not provided any medical help there and when she came to her parents house, she was got medically treated and got her treated at parents house, she was got medically treated and got her treated at parents house, she was got medically treated and got her treated at parents house, she was got medically treated and got her treated at Fortis Hospital, Mohali. Fortis Hospital, Mohali.

176. 176. as to deal with point of argument, Now, present Court has to deal with point of argument, as to deal with point of argument, so raised by the petitioner qua the moving of complaint by the so raised by the petitioner qua the moving of complaint by the so raised by the petitioner qua the moving of complaint by the so raised by the petitioner qua the moving of complaint by the respondent against the petitioner amounts to cruelty. That one of the respondent against the petitioner amounts to cruelty. That one of the respondent against the petitioner amounts to cruelty. That one of the respondent against the petitioner amounts to cruelty. That one of the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -39- complaint which has been proved by the petitioner as ExPG, which is complaint which has been proved by the petitioner as ExPG, which is complaint which has been proved by the petitioner as ExPG, which is complaint which has been proved by the petitioner as ExPG, which is moved by the respondent and received by the stated to have been moved by the respondent and received by the moved by the respondent and received by the stated to have been Secretary of Hon’ble Chief Justice, Punjab & Haryana High Court on Secretary of Hon’ble Chief Justice, Punjab & Haryana High Court on Secretary of Hon’ble Chief Justice, Punjab & Haryana High Court on Secretary of Hon’ble Chief Justice, Punjab & Haryana High Court on

15.05.2019, wherein it has been mentioned that petitioner used to 15.05.2019, wherein it has been mentioned that petitioner used to 15.05.2019, wherein it has been mentioned that petitioner used to 15.05.2019, wherein it has been mentioned that petitioner used to physically abused her, where she further alleged that in order to physically abused her, where she further alleged that in order to physically abused her, where she further alleged that in order to physically abused her, where she further alleged that in order to material gains from her family by misusing his official abstract the material gains from her family by misusing his official material gains from her family by misusing his official abstract the position as Judicial Officer and these position as Judicial Officer and these position as Judicial Officer and these position as Judicial Officer and these incidents have grown incidents have grown incidents have grown incidents have grown significantly after his posting as CJM, Panchkula. This complaint was significantly after his posting as CJM, Panchkula. This complaint was significantly after his posting as CJM, Panchkula. This complaint was significantly after his posting as CJM, Panchkula. This complaint was moved after filing of divorce petition as mentioned in the Para No.4, moved after filing of divorce petition as mentioned in the Para No.4, moved after filing of divorce petition as mentioned in the Para No.4, moved after filing of divorce petition as mentioned in the Para No.4, Page No.2 of the said complaint. Thus, considering the fact that Page No.2 of the said complaint. Thus, considering the fact that Page No.2 of the said complaint. Thus, considering the fact that Page No.2 of the said complaint. Thus, considering the fact that complaint ExPG is a subsequent event after the filing of divorce complaint ExPG is a subsequent event after the filing of divorce complaint ExPG is a subsequent event after the filing of divorce complaint ExPG is a subsequent event after the filing of divorce petition at District Courts, Chandigarh, the same cannot be taken into petition at District Courts, Chandigarh, the same cannot be taken into petition at District Courts, Chandigarh, the same cannot be taken into petition at District Courts, Chandigarh, the same cannot be taken into consideration. consideration.

177. 177. Majumdar Vs. Bharti That in the case titled as Joydeep Majumdar Vs. Bharti That in the case titled as Jaiswal Majumdar ( Supra) respondent Jaiswal Majumdar ( Supra) wife made defamatory respondent-wife made defamatory complaints to the appellant’s superior and then holding the court of complaints to the appellant’s superior and then holding the court of complaints to the appellant’s superior and then holding the court of complaints to the appellant’s superior and then holding the court of inquiry, the appellant’s career progress got affected. Even in the inquiry, the appellant’s career progress got affected. Even in the inquiry, the appellant’s career progress got affected. Even in the inquiry, the appellant’s career progress got affected. Even in the judgment Ratandeep Singh Ahuja Vs. Harpre judgment Ratandeep Singh Ahuja Vs. Harpreet Kaur ( Supra) have held that false allegations made by the parties against spouse or his held that false allegations made by the parties against spouse or his held that false allegations made by the parties against spouse or his held that false allegations made by the parties against spouse or his family amounts to cruelty. So, in this very case mentioned above, the family amounts to cruelty. So, in this very case mentioned above, the family amounts to cruelty. So, in this very case mentioned above, the family amounts to cruelty. So, in this very case mentioned above, the court hold that there is false defamatory and reckless accusation court hold that there is false defamatory and reckless accusation court hold that there is false defamatory and reckless accusation court hold that there is false defamatory and reckless accusation er progress was affected due to holding against the husband and career progress was affected due to holding er progress was affected due to holding against the husband and care of inquiries but for the applicability of these precedents of law, we of inquiries but for the applicability of these precedents of law, we of inquiries but for the applicability of these precedents of law, we of inquiries but for the applicability of these precedents of law, we have to see that how many complaints have been made by the have to see that how many complaints have been made by the have to see that how many complaints have been made by the have to see that how many complaints have been made by the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -40- respondent-wife against the petitioner respondent husband and if the same have wife against the petitioner-husband and if the same have what circumstances. been made, then in what circumstances. been made, then in

178. 178. Now, inquiry proceeds further, whether the career of the Now, inquiry proceeds further, whether the career of the Now, inquiry proceeds further, whether the career of the petitioner has got affected due to moving of this very complaint as it petitioner has got affected due to moving of this very complaint as it petitioner has got affected due to moving of this very complaint as it petitioner has got affected due to moving of this very complaint as it has come on record that petitioner was posted as CJM, Panchkula in has come on record that petitioner was posted as CJM, Panchkula in has come on record that petitioner was posted as CJM, Panchkula in has come on record that petitioner was posted as CJM, Panchkula in ted as Additional District & the year 2017 and then he was promoted as Additional District & the year 2017 and then he was promo the year 2017 and then he was promo Sessions Judge, in the year 2019. So, one thing is crystal clear that Sessions Judge, in the year 2019. So, one thing is crystal clear that Sessions Judge, in the year 2019. So, one thing is crystal clear that Sessions Judge, in the year 2019. So, one thing is crystal clear that career of petitioner has not been affected despite the fact that career of petitioner has not been affected despite the fact that career of petitioner has not been affected despite the fact that career of petitioner has not been affected despite the fact that complaint has been moved by the respondent. So far as the precedent complaint has been moved by the respondent. So far as the precedent complaint has been moved by the respondent. So far as the precedent complaint has been moved by the respondent. So far as the precedent of law produced by the petitioner in case titled as of law produced by the p Shakuntla Kumari etitioner in case titled as Shakuntla Kumari that a decree of divorce Vs. Om Prakash Ghai of Delhi High Court that a decree of divorce Vs. Om Prakash Ghai of Delhi High Court Vs. Om Prakash Ghai of Delhi High Court consummated of marriage and petitioner has was passed due to non-consummated of marriage and petitioner has consummated of marriage and petitioner has was passed due to non not come up with specific plea that what are these allegations, which not come up with specific plea that what are these allegations, which not come up with specific plea that what are these allegations, which not come up with specific plea that what are these allegations, which aised by the respondent and the same is found to be false have been raised by the respondent and the same is found to be false aised by the respondent and the same is found to be false have been r and defamatory, which caused mental cruelty. This precedent of law is and defamatory, which caused mental cruelty. This precedent of law is and defamatory, which caused mental cruelty. This precedent of law is and defamatory, which caused mental cruelty. This precedent of law is also not applicable to the facts of the present case. also not applicable to the facts of the present case. also not applicable to the facts of the present case.

179. 179. The ratio of law relied upon by the petitioner in case The ratio of law relied upon by the petitioner in case The ratio of law relied upon by the petitioner in case titled as Rani Narasimha Sastry Versus Rani Suneela Rani titled as is not Rani Narasimha Sastry Versus Rani Suneela Rani is not applicable to the present set of circumstances as no criminal case has applicable to the present set of circumstances as no criminal case has applicable to the present set of circumstances as no criminal case has applicable to the present set of circumstances as no criminal case has been got registered by the respondent against the petitioner in the been got registered by the respondent against the petitioner in the been got registered by the respondent against the petitioner in the been got registered by the respondent against the petitioner in the present case. present case.

180. 180. Mrs. Manisha In another ratio of law in case titled as Mrs. Manisha In another ratio of law in case titled as that Court should consider Sandeep Gade vs. Sandeep Vinayak Gade that Court should consider Sandeep Gade vs. Sandeep Vinayak Gade Sandeep Gade vs. Sandeep Vinayak Gade whether the conduct of the counter petitioner is such that it has whether the conduct of the counter petitioner is such that it has whether the conduct of the counter petitioner is such that it has whether the conduct of the counter petitioner is such that it has TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -41- become intolerable for the petitioner to suffer any longer and to live become intolerable for the petitioner to suffer any longer and to live become intolerable for the petitioner to suffer any longer and to live become intolerable for the petitioner to suffer any longer and to live Court can find there is cruelty together is impossible and then only the Court can find there is cruelty together is impossible and then only the together is impossible and then only the of the counter petitioner. Whereas in the present set of circumstance, of the counter petitioner. Whereas in the present set of circumstance, of the counter petitioner. Whereas in the present set of circumstance, of the counter petitioner. Whereas in the present set of circumstance, petitioner has failed to established that there is any kind of cruelty on petitioner has failed to established that there is any kind of cruelty on petitioner has failed to established that there is any kind of cruelty on petitioner has failed to established that there is any kind of cruelty on the part of the respondent. Hence, this ratio of law is not applicable in the part of the respondent. Hence, this ratio of law is not applicable in the part of the respondent. Hence, this ratio of law is not applicable in the part of the respondent. Hence, this ratio of law is not applicable in the present case. the p

181. 181. The respondent in her written statement has leveled The respondent in her written statement has leveled The respondent in her written statement has leveled allegations against the staff members of the petitioner that the driver allegations against the staff members of the petitioner that the driver allegations against the staff members of the petitioner that the driver allegations against the staff members of the petitioner that the driver of petitioner during Dera Ram Rahim violence took the car on of petitioner during Dera Ram Rahim violence took the car on of petitioner during Dera Ram Rahim violence took the car on of petitioner during Dera Ram Rahim violence took the car on respondent, he secluded road and parked aside without permission of respondent, he secluded road and parked aside without permission of secluded road and parked aside without permission of got out of the car, who took his penis and started urinating before the got out of the car, who took his penis and started urinating before the got out of the car, who took his penis and started urinating before the got out of the car, who took his penis and started urinating before the respondent and her minor daughter. The cook of petitioner namely respondent and her minor daughter. The cook of petitioner namely respondent and her minor daughter. The cook of petitioner namely respondent and her minor daughter. The cook of petitioner namely Vinod also misbehaved with her by entering forcefully in her bedroom Vinod also misbehaved with her by entering forcefully in her bedroom Vinod also misbehaved with her by entering forcefully in her bedroom Vinod also misbehaved with her by entering forcefully in her bedroom hai, judge sahib ki chodi hui hai, aa and said that “ Tu toh akeli aurat hai, judge sahib ki chodi hui hai, aa hai, judge sahib ki chodi hui hai, aa and said that “ Tu toh akeli aurat mere saath so ja mai tujhe khush rakhunga.” Upon which, respondent mere saath so ja mai tujhe khush rakhunga.” Upon which, respondent mere saath so ja mai tujhe khush rakhunga.” Upon which, respondent mere saath so ja mai tujhe khush rakhunga.” Upon which, respondent slapped him and screamed loudly and threw him out of the house. slapped him and screamed loudly and threw him out of the house. slapped him and screamed loudly and threw him out of the house. slapped him and screamed loudly and threw him out of the house. That despite the intolerable behavior That despite the intolerable of driver and the cook, the behavior of driver and the cook, the f taking side of his wife, himself started treating his petitioner instead of taking side of his wife, himself started treating his f taking side of his wife, himself started treating his petitioner instead o wife otherwise as per allegations of respondent. Rather, suggestion wife otherwise as per allegations of respondent. Rather, suggestion wife otherwise as per allegations of respondent. Rather, suggestion wife otherwise as per allegations of respondent. Rather, suggestion has been put to the respondent that she has leveled false allegations has been put to the respondent that she has leveled false allegations has been put to the respondent that she has leveled false allegations has been put to the respondent that she has leveled false allegations upon the peon namely Vinod Kumar that he tried to outraged her upon the peon namely Vinod Kumar that he tried to outraged her upon the peon namely Vinod Kumar that he tried to outraged her upon the peon namely Vinod Kumar that he tried to outraged her modesty in her bed room. Unless and until, such kind of act was not modesty in her bed room. Unless and until, such kind of act was not modesty in her bed room. Unless and until, such kind of act was not modesty in her bed room. Unless and until, such kind of act was not happened, there was no occasion for a lady to level such kind of happened, there was no occasion for a lady to level such kind of happened, there was no occasion for a lady to level such kind of happened, there was no occasion for a lady to level such kind of allegations, especially, when she is highly educated lady. allegations, especially, when she is highly educated lady. allegations, especially, when she is highly educated lady. TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -42-

182. 182. The petitioner who has projected the respondent to be The petitioner who has projected the respondent to be The petitioner who has projected the respondent to be ng the abusive language for the subordinate staff/persons or the using the abusive language for the subordinate staff/persons or the ng the abusive language for the subordinate staff/persons or the ng the abusive language for the subordinate staff/persons or the staff working under the petitioner but as already mentioned, in staff working under the petitioner but as already mentioned, in staff working under the petitioner but as already mentioned, in staff working under the petitioner but as already mentioned, in support of his contentions, the petitioner has examined himself and support of his contentions, the petitioner has examined himself and support of his contentions, the petitioner has examined himself and support of his contentions, the petitioner has examined himself and officials in his father as petitioner has failed to examine any of these officials in his father as petitioner has failed to examine any of these his father as petitioner has failed to examine any of these examining of all these officials support of these contentions. That non-examining of all these officials support of these contentions. That non support of these contentions. That non clearly leads to the conclusion that there is no such truth lies in the clearly leads to the conclusion that there is no such truth lies in the clearly leads to the conclusion that there is no such truth lies in the clearly leads to the conclusion that there is no such truth lies in the of the allegations so leveled by the petitioner. Had the behavior of the allegations so leveled by the petitioner. Had the allegations so leveled by the petitioner. Had the he subordinate staff of petitioner as respondent is not good towards the subordinate staff of petitioner as he subordinate staff of petitioner as respondent is not good towards t alleged by the petitioner, then the petitioner must have examined alleged by the petitioner, then the petitioner must have examined alleged by the petitioner, then the petitioner must have examined alleged by the petitioner, then the petitioner must have examined either of these persons. That it is very easy for the petitioner to either of these persons. That it is very easy for the petitioner to either of these persons. That it is very easy for the petitioner to either of these persons. That it is very easy for the petitioner to procure the presence of these official as they were working in the procure the presence of these official as they were working in the procure the presence of these official as they were working in the procure the presence of these official as they were working in the Sessions Division Panchkula. That non Sessions Division examination of these officials Panchkula. That non-examination of these officials clearly leads to the conclusion that the respondent did not treat these clearly leads to the conclusion that the respondent did not treat these clearly leads to the conclusion that the respondent did not treat these clearly leads to the conclusion that the respondent did not treat these subordinate officials of the petitioner in the abusive manner as alleged subordinate officials of the petitioner in the abusive manner as alleged subordinate officials of the petitioner in the abusive manner as alleged subordinate officials of the petitioner in the abusive manner as alleged abusive manner, by the petitioner. Had these officials being treated in the abusive manner, by the petitioner. Had these officials being treated in the by the petitioner. Had these officials being treated in the then they must have come forward to depose against the respondent in then they must have come forward to depose against the respondent in then they must have come forward to depose against the respondent in then they must have come forward to depose against the respondent in favour of the petitioner. favour of the petitioner.

183. 183. There are numerous judgments in which it is held that There are numerous judgments in which it is held that There are numerous judgments in which it is held that leveling of false allegations against other spouse amounts to cruelty. leveling of false allegations against other spouse amounts to cruelty. leveling of false allegations against other spouse amounts to cruelty. leveling of false allegations against other spouse amounts to cruelty. nt Court has to analyze that what are the allegations and Now the present Court has to analyze that what are the allegations and nt Court has to analyze that what are the allegations and Now the prese instances so mentioned by the petitioner that the first instance when the instances so mentioned by the petitioner that the first instance when the instances so mentioned by the petitioner that the first instance when the instances so mentioned by the petitioner that the first instance when the petitioner got petitioner got petitioner got petitioner got transferred transferred transferred transferred from Panipat from Panipat from Panipat from Panipat to Gohana and to Gohana and to Gohana and to Gohana and subsequently, he was transferred to Jhajjar and his wife stated that subsequently, he was transferred to Jhajjar and his wife stated t subsequently, he was transferred to Jhajjar and his wife stated t subsequently, he was transferred to Jhajjar and his wife stated t “main tere nal pind pind nahi ja sakdi” “main Further, it has been held in tere nal pind pind nahi ja sakdi”. Further, it has been held in TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -43- ratio of law titled as Raj Talreja Vs. Kavita Talreja ( Supra), ratio of law titled as cruelty can Raj Talreja Vs. Kavita Talreja ( Supra), cruelty can never be defined with exactitude. What is cruelty will depend upon the never be defined with exactitude. What is cruelty will depend upon the never be defined with exactitude. What is cruelty will depend upon the never be defined with exactitude. What is cruelty will depend upon the case, so we have to evaluate this aspect facts and circumstances of each case, so we have to evaluate this aspect case, so we have to evaluate this aspect facts and circumstances of each Division and that while stating so by the respondent that Gohana is Sub-Division and that while stating so by the respondent that Gohana is Sub that while stating so by the respondent that Gohana is Sub Jhajjar is considered to be place situated towards the southern Haryana. Jhajjar is considered to be place situated towards the southern Haryana. Jhajjar is considered to be place situated towards the southern Haryana. Jhajjar is considered to be place situated towards the southern Haryana. So far as the level of education and facilities at Panipat in comparison So far as the level of education and facilities at Panipat in comparis So far as the level of education and facilities at Panipat in comparis So far as the level of education and facilities at Panipat in comparis to Gohana and Jhajjar is concerned, certainly the schooling of the child to Gohana and Jhajjar is concerned, certainly the schooling of the child to Gohana and Jhajjar is concerned, certainly the schooling of the child to Gohana and Jhajjar is concerned, certainly the schooling of the child is better at Panipat. So, if wife stayed back at Panipat and their is better at Panipat. So, if wife stayed back at Panipat and their is better at Panipat. So, if wife stayed back at Panipat and their is better at Panipat. So, if wife stayed back at Panipat and their daughter had studied in better school at Panipat and at the same time, daughter had studied in better school at Panipat and at the same time, daughter had studied in better school at Panipat and at the same time, daughter had studied in better school at Panipat and at the same time, SRM Institute, Sonepat. So the respondent has also done her LLM from SRM Institute, Sonepat. So the respondent has also done her LLM from the respondent has also done her LLM from Furthermore, even this act this single act cannot be said to be cruelty. Furthermore, even this act this single act cannot be said to be cruelty. this single act cannot be said to be cruelty. remains to be prior to the year 2017. That respondent alleges that remains to be prior to the year 2017. That remains to be prior to the year 2017. That respondent alleges that petitioner has not taken them to the place of posting i.e. Gohana and petitioner has not taken them to the place of posting i.e. Gohana and petitioner has not taken them to the place of posting i.e. Gohana and petitioner has not taken them to the place of posting i.e. Gohana and Jhajjar. Jhajjar.

184. 184. in view of ratio of law laid down in the case titled as That in view of ratio of law laid down in the case titled as in view of ratio of law laid down in the case titled as it has been held in V. Bhagat Vs. D. Bhagat on 19 November 1993, it has been held in V. Bhagat Vs. D. Bhagat on 19 November 1993, V. Bhagat Vs. D. Bhagat on 19 November 1993, Therefore, when a spouse makes complaint about Para No.17 that : “ Therefore, when a spouse makes complaint about Therefore, when a spouse makes complaint about Para No.17 that the treatment of cruelty by the partner in life or relations, the court the treatment of cruelty by the partner in life or relations, the c the treatment of cruelty by the partner in life or relations, the c should not search for standard in life. A set of facts stigmatised as should not search for standard in life. A set of facts stigmatised as should not search for standard in life. A set of facts stigmatised as should not search for standard in life. A set of facts stigmatised as cruelty in one case may not be so in another case. The cruelty alleged cruelty in one case may not be so in another case. The cruelty alleged cruelty in one case may not be so in another case. The cruelty alleged cruelty in one case may not be so in another case. The cruelty alleged may largely depend upon the type of life the parties are accustomed to or may largely depend upon the type of life the parties are accustomed to or may largely depend upon the type of life the parties are accustomed to or may largely depend upon the type of life the parties are accustomed to or . It may also depend upon their their economic and social conditions. It may also depend upon their their economic and social conditions their economic and social conditions culture and human values to which they attach importance. We, the culture and human values to which they attach importance. We, the culture and human values to which they attach importance. We, the culture and human values to which they attach importance. We, the judges and lawyers, therefore, should not import our own notions of life. judges and lawyers, therefore, should not import our own notions of life. judges and lawyers, therefore, should not import our own notions of life. judges and lawyers, therefore, should not import our own notions of life. We may not go in parallel with them. There may be a generation gap We may not go in parallel with them. There may be a generation gap We may not go in parallel with them. There may be a generation gap We may not go in parallel with them. There may be a generation gap TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -44- e parties. It would be better if we keep aside out between us and the parties. It would be better if we keep aside out e parties. It would be better if we keep aside out between us and th customs and manners. It would be also better if we less depend upon customs and manners. It would be also better if we less depend upon customs and manners. It would be also better if we less depend upon customs and manners. It would be also better if we less depend upon precedents. Because, as Lord Denning said in Sheldon V. Sheldon ‘the precedents. Because, as Lord Denning said in Sheldon V. Sheldon ‘the precedents. Because, as Lord Denning said in Sheldon V. Sheldon ‘the precedents. Because, as Lord Denning said in Sheldon V. Sheldon ‘the categories of cruelty are not closed’. Each case may be different. We categories of cruelty are not closed’. Each case may be different. W categories of cruelty are not closed’. Each case may be different. W categories of cruelty are not closed’. Each case may be different. W deal with the conduct of human beings who are not generally similar. deal with the conduct of human beings who are not generally similar. deal with the conduct of human beings who are not generally similar. deal with the conduct of human beings who are not generally similar. Among the human beings there is no limit to the kind of conduct which Among the human beings there is no limit to the kind of conduct which Among the human beings there is no limit to the kind of conduct which Among the human beings there is no limit to the kind of conduct which may constitute cruelty. New type of cruelty may crop up in any case may constitute cruelty. New type of cruelty may crop up in any case may constitute cruelty. New type of cruelty may crop up in any case may constitute cruelty. New type of cruelty may crop up in any case incapability to depending upon the human behaviour, capacity or incapability to depending upon the human behaviour, capacity or depending upon the human behaviour, capacity or ) realm of tolerate the conduct complained of. Such is the wonderful (sic) realm of tolerate the conduct complained of. Such is the wonderful tolerate the conduct complained of. Such is the wonderful cruelty.” cruelty.”

185. 185. It has been further held that there are allegations and It has been further held that there are allegations and It has been further held that there are allegations and counter allegations, so same should not be validate with a decree of counter allegations, so same should not be validate with a decree of counter allegations, so same should not be validate with a decree of counter allegations, so same should not be validate with a decree of divorce. Nor is mere delay in the disposal of the divorce proceedings by delay in the disposal of the divorce proceedings by delay in the disposal of the divorce proceedings by divorce. Nor is itself a ground. There must be really some extraordinary features to itself a ground. There must be really some extraordinary features to itself a ground. There must be really some extraordinary features to itself a ground. There must be really some extraordinary features to warrant grant of divorce on the basis of pleadings without a full trial. warrant grant of divorce on the basis of pleadings without a full trial. warrant grant of divorce on the basis of pleadings without a full trial. warrant grant of divorce on the basis of pleadings without a full trial. parties, there So, court held that leaving aside the allegations of both the parties, there So, court held that leaving aside the allegations of both the So, court held that leaving aside the allegations of both the must be some extraordinary feature to warrant grant of divorce on the must be some extraordinary feature to warrant grant of divorce on the must be some extraordinary feature to warrant grant of divorce on the must be some extraordinary feature to warrant grant of divorce on the basis of pleadings without a full trial but here in the present case, there basis of pleadings without a full trial but here in the present case, there basis of pleadings without a full trial but here in the present case, there basis of pleadings without a full trial but here in the present case, there is no such circumstance exists therein which extracts from the pleadings is no such circumstance exists therein which extracts from the pleadings is no such circumstance exists therein which extracts from the pleadings is no such circumstance exists therein which extracts from the pleadings of petitioner. of petitioner.

186. 186. That in the numerous judgments mentioned above, though That in the numerous judgments mentioned above, though That in the numerous judgments mentioned above, though court has held that making of false allegations and making of false court has held that making of false allegations and making of false court has held that making of false allegations and making of false court has held that making of false allegations and making of false defamatory and reckless accusation against the husband, his family and defamatory and reckless accusation against the husband, his family and defamatory and reckless accusation against the husband, his family and defamatory and reckless accusation against the husband, his family and colleagues, which would definitely have the effect of lowering colleagues, which would definitely have the effect of lowering colleagues, which would definitely have the effect of lowering reputation. Though, while elaborating whether making false allegations reputation. Though, while elaborating whether making false allegations reputation. Though, while elaborating whether making false allegations reputation. Though, while elaborating whether making false allegations TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -45- just to provide the other spouse the ground of divorce and whether the just to provide the other spouse the ground of divorce and whether the just to provide the other spouse the ground of divorce and whether the just to provide the other spouse the ground of divorce and whether the same falls within the realm of cruelty, but here in the present case, there same falls within the realm of cruelty, but here in the present case, there same falls within the realm of cruelty, but here in the present case, there same falls within the realm of cruelty, but here in the present case, there roved by the petitioner, whereby his is no such allegations has been proved by the petitioner, whereby his roved by the petitioner, whereby his is no such allegations has been p reputation has been lower down. reputation has been lower down.

187. 187. That so far as the ratio of law laid down in the case titled That so far as the ratio of law laid down in the case titled That so far as the ratio of law laid down in the case titled is concerned, it has been held that Kamini Sondhi Vs. Kapil Sondhi is concerned, it has been held that Kamini Sondhi Vs. Kapil Sondhi as Kamini Sondhi Vs. Kapil Sondhi fe reflects on the career if the allegations so leveled by the respondent-wife reflects on the career if the allegations so leveled by the respondent if the allegations so leveled by the respondent and promotion opportunities of the husband, certainly the same will play and promotion opportunities of the husband, certainly the same will play and promotion opportunities of the husband, certainly the same will play and promotion opportunities of the husband, certainly the same will play on his mind and also affects the mental peace of the husband as in this on his mind and also affects the mental peace of the husband as in this on his mind and also affects the mental peace of the husband as in this on his mind and also affects the mental peace of the husband as in this case, the respondent went to the residence of boss of petitioner and cried case, the respondent went to the residence of boss of petitioner and cried case, the respondent went to the residence of boss of petitioner and cried case, the respondent went to the residence of boss of petitioner and cried f him. She also threatened her husband to humiliate him in front in front of him. She also threatened her husband to humiliate him in front f him. She also threatened her husband to humiliate him in front in front o of his colleagues at his work place. Whereas in the present case, there of his colleagues at his work place. Whereas in the present case, there of his colleagues at his work place. Whereas in the present case, there of his colleagues at his work place. Whereas in the present case, there are no such allegations of the petitioner against the respondent are no such allegations of the petitioner against the respondent are no such allegations of the petitioner against the respondent are no such allegations of the petitioner against the respondent applicable in the regarding this fact, so, this precedent of law is not applicable in the regarding this fact, so, this precedent of regarding this fact, so, this precedent of present set of circumstances. present set of circumstances.

188. 188. In another case titled as Devesh Yadav Vs. Smt. Meenal In another case titled as Devesh Yadav Vs. Smt. Meenal it has been held that the husband has withdrawn his earlier petition as he has been held that the husband has withdrawn his earlier petition as he has been held that the husband has withdrawn his earlier petition as he has been held that the husband has withdrawn his earlier petition as he wants the respondent to withdraw the complaint filed by her before the wants the respondent to withdraw the complaint filed by her before the wants the respondent to withdraw the complaint filed by her before the wants the respondent to withdraw the complaint filed by her before the ir Force Authorities and even the compromise was affected between the Air Force Authorities and even the compromise was affected between the ir Force Authorities and even the compromise was affected between the ir Force Authorities and even the compromise was affected between the parties and despite the compromise, the wife has failed to join the parties and despite the compromise, the wife has failed to join the parties and despite the compromise, the wife has failed to join the parties and despite the compromise, the wife has failed to join the company of petitioner and even she has failed to withdraw the complaint company of petitioner and even she has failed to withdraw the complaint company of petitioner and even she has failed to withdraw the complaint company of petitioner and even she has failed to withdraw the complaint is precedent of law is also filed before the Air Force Authorities. So, this precedent of law is also filed before the Air Force Authorities. So, th filed before the Air Force Authorities. So, th not applicable in the present set of circumstances. not applicable in the present set of circumstances. not applicable in the present set of circumstances.

189. 189. Even, in the evidence lead by the petitioner in support of Even, in the evidence lead by the petitioner in support of Even, in the evidence lead by the petitioner in support of 2 Chander Shekhar has not his pleadings, the father of petitioner PW-2 Chander Shekhar has not his pleadings, the father of petitioner PW his pleadings, the father of petitioner PW TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -46- examination, he corroborated the version of petitioner and in his cross-examination, he corroborated the version of petitioner and corroborated the version of petitioner and deposed that all these facts as have been detailed by him have been deposed that all these facts as have been detailed by him have been deposed that all these facts as have been detailed by him have been deposed that all these facts as have been detailed by him have been disclosed/narrated to him by the petitioner himself. So, the present Court disclosed/narrated to him by the petitioner himself. So, the present Court disclosed/narrated to him by the petitioner himself. So, the present Court disclosed/narrated to him by the petitioner himself. So, the present Court has to consider the entire testimonies that evidence led by the petitioner has to consider the entire testimonies that evidence led by the petitioner has to consider the entire testimonies that evidence led by the petitioner has to consider the entire testimonies that evidence led by the petitioner th audio recordings and Whatsapp chat, relied upon by the along with audio recordings and Whatsapp chat, relied upon by the th audio recordings and Whatsapp chat, relied upon by the along wi petitioner and has proved on record ExP1 and ExP2, detail discussion petitioner and has proved on record ExP1 and ExP2, detail discussion petitioner and has proved on record ExP1 and ExP2, detail discussion petitioner and has proved on record ExP1 and ExP2, detail discussion qua the same have already been made in the previous paras of the qua the same have already been made in the previous paras of the qua the same have already been made in the previous paras of the qua the same have already been made in the previous paras of the radiction judgment. That it is relevant to mention here that there is contradiction judgment. That it is relevant to mention here that there is cont judgment. That it is relevant to mention here that there is cont in the testimonies of PW-1 and PW in the testimonies of PW 1 in his testimony has 1 and PW-2. As PW-1 in his testimony has categorically stated that there is some editing in the recordings and chat categorically stated that there is some editing in the recordings and chat categorically stated that there is some editing in the recordings and chat categorically stated that there is some editing in the recordings and chat 2 has stated at the same time, there is no editing in the messages but PW-2 has stated at the same time, there is no editing in the 2 has stated at the same time, there is no editing in the messages but PW chat messages. Thus, both of them are stating chat messages. Thus, both of th contradictory things to em are stating contradictory things to each other. each other.

190. 190. That argument so raised by counsel for respondent that That argument so raised by counsel for respondent that That argument so raised by counsel for respondent that allegations leveled by the petitioner in the petition has not been allegations leveled by the petitioner in the petition has not been allegations leveled by the petitioner in the petition has not been allegations leveled by the petitioner in the petition has not been proved while leading cogent and convincing evidence that the proved while leading cogent and convincing evidence that the proved while leading cogent and convincing evidence that the proved while leading cogent and convincing evidence that the reated him with cruelty as per the arguments of Ld. respondent has treated him with cruelty as per the arguments of Ld. reated him with cruelty as per the arguments of Ld. respondent has t counsel for respondent that the version put forth by the respondent in counsel for respondent that the version put forth by the respondent in counsel for respondent that the version put forth by the respondent in counsel for respondent that the version put forth by the respondent in her defence as she does not want to give her reply is just to build up her defence as she does not want to give her defence as she does not want to give her reply is just to build up leveled divorce to the petitioner and these are not the allegations so leveled divorce to the petitioner and these are not the allegations so divorce to the petitioner and these are not the allegations so by the respondent, but the same is just to safeguard her own by the respondent, but the same is just to safeguard her own by the respondent, but the same is just to safeguard her own by the respondent, but the same is just to safeguard her own interest. That arguments so raised by the counsel for respondent interest. That arguments so raised by the counsel for respondent interest. That arguments so raised by the counsel for respondent interest. That arguments so raised by the counsel for respondent that the respondent holds water as petitioner has lived a happy that the respondent holds water as petitioner has lived a happy that the respondent holds water as petitioner has lived a happy that the respondent holds water as petitioner has lived a happy ntention of the married life for nine years. Had there been any kind of intention of the married life for nine years. Had there been any kind of i married life for nine years. Had there been any kind of i respondent not to reside with the petitioner, then as per the pleadings respondent not to reside with the petitioner, then as per the pleadings respondent not to reside with the petitioner, then as per the pleadings respondent not to reside with the petitioner, then as per the pleadings TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -47- petitioner as mentioned in Para No.23 of the petition, the of the petitioner as mentioned in Para No.23 of the petition, the petitioner as mentioned in Para No.23 of the petition, the of the petitioner has given the option to the respondent either to shift at petitioner has given the option to the respondent either to shift at petitioner has given the option to the respondent either to shift at petitioner has given the option to the respondent either to shift at Jhajjar or Jhajjar or Jhajjar or at Panipat, even at take new accommodation at Panipat, even at take new accommodation take new accommodation Chandigarh, but the respondent did not accept the request of the Chandigarh, but the respondent did not accept the request of the Chandigarh, but the respondent did not accept the request of the Chandigarh, but the respondent did not accept the request of the petitioner. petitioner.

191. 191. That as per these pleadings of petitioner himself, the That as per these pleadings of petitioner himself, the That as per these pleadings of petitioner himself, the respondent despite having the option to reside at Chandigarh, but she respondent despite having the option to reside at Chandigarh, but she respondent despite having the option to reside at Chandigarh, but she respondent despite having the option to reside at Chandigarh, but she and she kept on staying at Panipat. The has not opted for the same and she kept on staying at Panipat. The and she kept on staying at Panipat. The has not opted for the same another reason for the respondent for staying at Panipat, which has another reason for the respondent for staying at Panipat, which has another reason for the respondent for staying at Panipat, which has another reason for the respondent for staying at Panipat, which has examination of the petitioner himself that clearly come in the cross-examination of the petitioner himself that examination of the petitioner himself that clearly come in the cross the schooling for their girl child is far better at Panipat as compare the schooling for their girl child is far better at Panipat as compare the schooling for their girl child is far better at Panipat as compare the schooling for their girl child is far better at Panipat as compare to schooling at Gohana and Jhajjar and at to schoo ling at Gohana and Jhajjar and at the same time, the same time, respondent is pursuing her LLM at SRM Sonepat. So, it becomes respondent is pursuing her LLM at SRM Sonepat. So, it becomes respondent is pursuing her LLM at SRM Sonepat. So, it becomes respondent is pursuing her LLM at SRM Sonepat. So, it becomes crystal clear that there is no disliking on the part of respondent for the crystal clear that there is no disliking on the part of respondent for the crystal clear that there is no disliking on the part of respondent for the crystal clear that there is no disliking on the part of respondent for the petitioner. Had there been any kind of intention of the respondent petitioner. Had there been any kind of intention of the respondent petitioner. Had there been any kind of intention of the respondent petitioner. Had there been any kind of intention of the respondent n, she could have easily opted for staying at Chandigarh. then, she could have easily opted for staying at Chandigarh.

192. 192. Gurpreet That Hon’ble Apex Court in the case titled as Gurpreet That Hon’ble Apex Court in the case titled as wherein it has been held Kaur Vs. Rajeev Singh, 2018 (1) DMC 357, wherein it has been held Kaur Vs. Rajeev Singh, 2018 (1) DMC 357, Kaur Vs. Rajeev Singh, 2018 (1) DMC 357, The Court dealing with the petition for that-Ground of Cruelty- The Court dealing with the petition for The Court dealing with the petition for on the ground of cruelty has to bear in mind that the problems divorce on the ground of cruelty has to bear in mind that the problems on the ground of cruelty has to bear in mind that the problems divorce before it are those of human beings and the psychological changes in before it are those of human beings and the psychological changes in before it are those of human beings and the psychological changes in before it are those of human beings and the psychological changes in a spouse’s conduct have to be borne in mind before disposing of the a spouse’s conduct have to be borne in mind before disposing of the a spouse’s conduct have to be borne in mind before disposing of the a spouse’s conduct have to be borne in mind before disposing of the g, such conduct petition for divorce. However, insignificant or trifling, such conduct petition for divorce. However, insignificant or triflin petition for divorce. However, insignificant or triflin may cause pain in the mind of another. But before the conduct can be may cause pain in the mind of another. But before the conduct can be may cause pain in the mind of another. But before the conduct can be may cause pain in the mind of another. But before the conduct can be TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -48- called cruelty, it must touch a certain pitch of severity. It is for the called cruelty, it must touch a certain pitch of severity. It is for the called cruelty, it must touch a certain pitch of severity. It is for the called cruelty, it must touch a certain pitch of severity. It is for the court to weigh the gravity. It has to be seen whether the conduct was court to weigh the gravity. It has to be seen whether the conduct was court to weigh the gravity. It has to be seen whether the conduct was court to weigh the gravity. It has to be seen whether the conduct was son would tolerate it. It has to be such that no reasonable person would tolerate it. It has to be son would tolerate it. It has to be such that no reasonable per considered whether the complainant should be called upon to endure considered whether the complainant should be called upon to endure considered whether the complainant should be called upon to endure considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which as a part of normal human life. Every matrimonial conduct, which as a part of normal human life. Every matrimonial conduct, which as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere may cause annoyance to the other, may not amount to cruelty. Mere may cause annoyance to the other, may not amount to cruelty. Mere may cause annoyance to the other, may not amount to cruelty. Mere uarrels between spouses, which happen in day to trivial irritations, quarrels between spouses, which happen in day to uarrels between spouses, which happen in day to trivial irritations, q day married life, may also not amount to cruelty. Cruelty in day married life, may also not amount to cruelty. Cruelty in day married life, may also not amount to cruelty. Cruelty in day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or matrimonial life may be of unfounded variety, which can be subtle or matrimonial life may be of unfounded variety, which can be subtle or matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non- brutal. It may be words, gestures or by mere silence, violent or non brutal. It may be words, gestures or by mere silence, violent or non brutal. It may be words, gestures or by mere silence, violent or non violent. violent.

193. 193. In view of the ratio of law laid down in the case titled as In view of the ratio of law laid down in the case titled as In view of the ratio of law laid down in the case titled as Sarabjit Kaur Vs. Lakhbir Singh 2021, Volume (I) RCR (Civil), Sarabjit Kaur Vs. Lakhbir Singh 2021, Volume (I) RCR (Civil), Sarabjit Kaur Vs. Lakhbir Singh 2021, Volume (I) RCR (Civil), Sarabjit Kaur Vs. Lakhbir Singh 2021, Volume (I) RCR (Civil), Page No.749, wherein it has been held that Page No.749 Hindu Marriage Act, , wherein it has been held that Hindu Marriage Act, 1955- Divorce Petition-Cruelty : “ 1955 That husband has sought the : “That husband has sought the divorce on the ground of cruelty but no date, month and year of the divorce on the ground of cruelty but no date, month and year of the divorce on the ground of cruelty but no date, month and year of the divorce on the ground of cruelty but no date, month and year of the alleged incidents of cruelty were disclosed. Mere trivial irritation, alleged incidents of cruelty were disclosed. Mere trivial irritation, alleged incidents of cruelty were disclosed. Mere trivial irritation, alleged incidents of cruelty were disclosed. Mere trivial irritation, quarrels and normal wear and tear of the marriage life, which happen quarrels and normal wear and tear of the marriage life, which happen quarrels and normal wear and tear of the marriage life, which happen quarrels and normal wear and tear of the marriage life, which happen nt of divorce on the in day to day life, would not be adequate for grant of divorce on the in day to day life, would not be adequate for gra in day to day life, would not be adequate for gra ground of mental cruelty. Evidence led by the husband to establish the ground of mental cruelty. Evidence led by the husband to establish the ground of mental cruelty. Evidence led by the husband to establish the ground of mental cruelty. Evidence led by the husband to establish the ground of cruelty was deficient and deserves to be ignored. Impugned ground of cruelty was deficient and deserves to be ignored. Impugned ground of cruelty was deficient and deserves to be ignored. Impugned ground of cruelty was deficient and deserves to be ignored. Impugned judgment and decree passed by the Court below set aside. Divorce judgment and decree passed by the Court below set aside. Divorce judgment and decree passed by the Court below set aside. Divorce judgment and decree passed by the Court below set aside. Divorce petition dismissed.” petition dismissed.”

194. 194. That Hon’ble Apex Court in case titled as A2Z t Hon’ble Apex Court in case titled as A2Z TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -49- SLP Infraservices Ltd. & Anr Vs. QuippoInfrastructures Ltd in SLP Infraservices Ltd. & Anr Vs. QuippoInfrastructures Ltd Infraservices Ltd. & Anr Vs. QuippoInfrastructures Ltd No.8636 of 2021 wherein it has been held that No.8636 of 2021 Whatsapp messages wherein it has been held that “Whatsapp messages exchanged on the social media platform have no evidential value. exchanged on the social media platform have no evidential value. exchanged on the social media platform have no evidential value. exchanged on the social media platform have no evidential value. ed and deleted on social media these days. We Anything can be created and deleted on social media these days. We ed and deleted on social media these days. We Anything can be creat do not attaches any value to the WhatsApp messages.” do not attaches any value to the WhatsApp messages.” do not attaches any value to the WhatsApp messages.”

195. 195. From the entire evidence so led by the petitioner and in From the entire evidence so led by the petitioner and in From the entire evidence so led by the petitioner and in view of the ratio of law as aforementioned, the petitioner has failed to view of the ratio of law as aforementioned, the petitioner has failed to view of the ratio of law as aforementioned, the petitioner has failed to view of the ratio of law as aforementioned, the petitioner has failed to prove Issue No.1 and at the same time, discharge the onus to prove Issue No.1 and at the same time, prove Issue No.1 and at the same time, discharge the onus to respondent is able to prove that petitioner has not approached the respondent is able to prove that petitioner has not approached the respondent is able to prove that petitioner has not approached the respondent is able to prove that petitioner has not approached the court with clean hands. Hence, Issue No.1 is hereby decided against court with clean hands. Hence, Issue No.1 is hereby decided against court with clean hands. Hence, Issue No.1 is hereby decided against court with clean hands. Hence, Issue No.1 is hereby decided against the petitioner and in favour of the respondent, where Issue No.2 is the petitioner and in favour of the respondent, where Issue No.2 is the petitioner and in favour of the respondent, where Issue No.2 is the petitioner and in favour of the respondent, where Issue No.2 is vour of the respondent and against the petitioner. decided in favour of the respondent and against the petitioner. decided in fa Relief Relief

196. 196. In the light of foregoing discussion and in view of my detail In the light of foregoing discussion and in view of my detail In the light of foregoing discussion and in view of my detail findings upon Issues No.1&2, the petition of the petitioner is hereby findings upon Issues No.1&2, the petition of the petitioner is hereby findings upon Issues No.1&2, the petition of the petitioner is hereby findings upon Issues No.1&2, the petition of the petitioner is hereby prepared and dismissed. Parties to bear their own costs. Decree sheet be prepared and dismissed. Parties to bear their own costs. Decree sheet be dismissed. Parties to bear their own costs. Decree sheet be file be consigned to the Record Room, after due compilation. file be consigned to the Record Room, after due compilation file be consigned to the Record Room, after due compilation THE COUNSEL FOR THE APPELLANT- SUBMISSIONS OF THE COUNSEL FOR THE APPELLANT THE COUNSEL FOR THE APPELLANT SUBMISSIONS OF HUSBAND

5. Learned Senior counsel for the appellant-husband has made Learned Senior counsel for the appellant Learned Senior counsel for the appellant has made the following submissions:- following submissions: i) impugned judgment is not only illegal, erroneous, That the impugned judgment is not only illegal, erroneous, impugned judgment is not only illegal, erroneous, application of arbitrary and against the record, but also demonstrate non-application of arbitrary and against the record, but also demonstrate non arbitrary and against the record, but also demonstrate non judicial mind. judicial mind. TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -50- ii) That false, reckless, malicious scandalous and unsubstantiated false, reckless, malicious, scandalous and unsubstantiated he written statement allegations are made by the respondent-wife in the written statement allegations are made by the respondent allegations are made by the respondent including the allegations of infidelity/having affair with another woman, including the allegations of infidelity/having affair with another woman, including the allegations of infidelity/having affair with another woman, including the allegations of infidelity/having affair with another woman, , molestation by driver and cook at the instance watching child pornography, molestation by driver and cook at the instance , molestation by driver and cook at the instance watching child porn of the appellant, possession of shilajit & condoms, sex determination, of the appellant, possession of shilajit & condoms, sex determination, of the appellant, possession of shilajit & condoms, sex determination, of the appellant, possession of shilajit & condoms, sex determination, and demand of dowry. And the learned Trial Court ignored physical abuse and demand of dowry. And the learned Trial Court ignored and demand of dowry. And the learned Trial Court ignored physical abuse the very fact that not even an iota of evidence was led to substantiate the the very fact that not even an iota of evidence was led to substantiate the the very fact that not even an iota of evidence was led to substantiate the the very fact that not even an iota of evidence was led to substantiate the said allegations. said allegations. iii) that as per the law laid down by the He further contends that as per the law laid down by the that as per the law laid down by the arious judgments leveling Hon’ble Supreme Court and this Court in various judgments leveling Hon’ble Supreme Court and this Court in v Hon’ble Supreme Court and this Court in v disgusting accusations and indecent familiarity with a person outside the disgusting accusations and indecent familiarity with a person outside disgusting accusations and indecent familiarity with a person outside disgusting accusations and indecent familiarity with a person outside wedlock and allegations of extramarital relationship is a grave assault on the wedlock and allegations of extramarital relationship is a grave assault on the wedlock and allegations of extramarital relationship is a grave assault on the wedlock and allegations of extramarital relationship is a grave assault on the character, honour, reputation, status as well as health of the spouse and that character, honour, reputation, status as well as health of the spouse and tha character, honour, reputation, status as well as health of the spouse and tha character, honour, reputation, status as well as health of the spouse and tha such allegations are quite serious and surely be a cause for mental cruelty. such allegations are quite serious and surely be a cause for mental cruelty. such allegations are quite serious and surely be a cause for mental cruelty. such allegations are quite serious and surely be a cause for mental cruelty. iv) He further contends learned learned learned trial Judge has trial Judge has trial Judge has conveniently overlooked the bald unsubstantiated allegations, which are conveniently overlooked the bald unsubstantiated allegations, which conveniently overlooked the bald unsubstantiated allegations, which conveniently overlooked the bald unsubstantiated allegations, which clearly mudslinging to humiliate and harass the appellant and amounts to clearly mudslinging to humiliate and harass the appellant and amounts to clearly mudslinging to humiliate and harass the appellant and amounts to clearly mudslinging to humiliate and harass the appellant and amounts to ‘mental cruelty’. ‘mental cruelty’. v) He further contends that the learned trial Judge has not dealt He further contends that the learned trial Judge has not dealt He further contends that the learned trial Judge has not dealt with and has not rendered any finding on the allegations leveled by the with and has not rendered any finding on the allegations leveled by the with and has not rendered any finding on the allegations leveled by the with and has not rendered any finding on the allegations leveled by the molestation at the hands of official driver and cook respondent-wife qua her molestation at the hands of official driver and cook molestation at the hands of official driver and cook respondent and demand of dowry. and demand of dowry. vi) He further contends that false complaints were moved to the He further contends that false complaints were moved to He further contends that false complaints were moved to blast to the divorce petition, which is Hon’ble Chief Justice as counter-blast to the divorce petition, which is blast to the divorce petition, which is Hon’ble Chief Justice as counter TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -51- another form of extreme mental trauma and cruelty. another form of extreme mental trauma and cr another form of extreme mental trauma and cr He further contends that the learned Trial Judge by ignoring the vii) He further contends that the learned Trial Judge by ignoring the He further contends that the learned Trial Judge by ignoring the vii) settled proposition of law has perversely held that the complaint being a settled proposition of law has perversely held that the complaint being a settled proposition of law has perversely held that the complaint being a settled proposition of law has perversely held that the complaint being a subsequent event after the filing of the divorce petition cannot be taken into subsequent event after the filing of the divorce petition cannot be taken into subsequent event after the filing of the divorce petition cannot be taken into subsequent event after the filing of the divorce petition cannot be taken into consideration. consideration. further contends that learned Trial Judge has held that since viii) He further contends that learned Trial Judge has held that since further contends that learned Trial Judge has held that since viii) the career of the appellant has not been affected despite moving of the the career of the appellant has not been affected despite moving of the the career of the appellant has not been affected despite moving of the the career of the appellant has not been affected despite moving of the complaint, therefore, the factum of moving of the complaint by the complaint, therefore, the factum of moving of the complaint by the complaint, therefore, the factum of moving of the complaint by the complaint, therefore, the factum of moving of the complaint by the wife cannot be read to her disadvantage. respondent-wife cannot be read to her disadvantage. respondent ix) He further contends that apart from the complaint Ex.PG, to He further contends that apart from the complaint Ex.PG, to He further contends that apart from the complaint Ex.PG, to Hon’ble the Chief Justice, yet another complaint/letter Mark ‘PC’ was Hon’ble the Chief Justice, yet another complaint/letter Mark ‘PC’ was Hon’ble the Chief Justice, yet another complaint/letter Mark ‘PC’ was Hon’ble the Chief Justice, yet another complaint/letter Mark ‘PC’ was wife after two years of filing of the divorce moved by the respondent-wife after two years of filing of the divorce wife after two years of filing of the divorce moved by the respondent putation of the appellant petition with a view to tarnish the character and reputation of the appellant petition with a view to tarnish the character and re petition with a view to tarnish the character and re by pleading wrong facts with a motive to retain the official accommodation by pleading wrong facts with a motive to retain the official accommodation by pleading wrong facts with a motive to retain the official accommodation by pleading wrong facts with a motive to retain the official accommodation which had been allotted to the appellant, before the appellant had been which had been allotted to the appellant, before the appellant had been which had been allotted to the appellant, before the appellant had been which had been allotted to the appellant, before the appellant had been transferred from Panchkula to Ambala. transferred from Panchkula to Ambala. x) He further contends that it was after receiving the letter dated He further contends that it was after receiving the letter dated He further contends that it was after receiving the letter dated

07.03.2020 mark ‘PB’ from the office of learned District and Sessions 07.03.2020 mark ‘PB’ from the office of learned District and Sessions 07.03.2020 mark ‘PB’ from the office of learned District and Sessions 07.03.2020 mark ‘PB’ from the office of learned District and Sessions Judge, Panchkula, who refused to entertain the said complaint/letter of the Judge, Panchkula, who refused to entertain the said complaint/letter of the Judge, Panchkula, who refused to entertain the said complaint/letter of the Judge, Panchkula, who refused to entertain the said complaint/letter of the dent with the notice to vacate respondent and subsequently served the respondent with the notice to vacate respondent and subsequently served the respon respondent and subsequently served the respon the said accommodation. the said accommodation. xi) He further contends that through out in the written statement e further contends that throughout in the written statement accusing him of being a allegations were leveled against the appellant accusing him of being a allegations were leveled against the appellant allegations were leveled against the appellant witness box corrupt officer. And respondent’s father who stepped into the witness box corrupt officer. And respondent’s father who stepped into the corrupt officer. And respondent’s father who stepped into the TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document 2023 (O&M) FAO-3803-2023 (O&M) -52- as RW-3, in his affidavit reproduced the contents of a complaint moved 3, in his affidavit reproduced the contents of a complaint moved 3, in his affidavit reproduced the contents of a complaint moved 3, in his affidavit reproduced the contents of a complaint moved by a disgruntled and dismissed employee of DLSA against the appellant by a disgruntled and dismissed employee of DLSA by a disgruntled and dismissed employee of DLSA against the Jhajjar, whose services were dispensed with by this Court while the Jhajjar, whose services were dispensed with by this Court while the Jhajjar, whose services were dispensed with by this Court while the Jhajjar, whose services were dispensed with by this Court while the appellant was serving as Chief Judicial Magistrate appellant was , DLSA Jhajjar, to show cial Magistrate, DLSA Jhajjar, to show that the appellant is a corrupt officer, who malafidely withdrew Rs.2500/- is a corrupt officer, who malafidely withdrew Rs.2500/ appellant is a corrupt officer, who malafidely withdrew Rs.2500/ for attending Lok Adalat. for attending Lok Adalat. He further contends that to add insult in order to further xii) He further contends that to add insult in order to further He further contends that to add insult in order to further xii) husband, the humiliate, to further cause mental cruelty to the appellant-husband, the humiliate, to further cause mental cruelty to the humiliate, to further cause mental cruelty to the respondent got examined the disgruntled employee, namely, Umesh Kumar, respondent got examined the disgruntled employee, namely, Umesh Kumar, respondent got examined the disgruntled employee, namely, Umesh Kumar, respondent got examined the disgruntled employee, namely, Umesh Kumar, 5, who had no connection at all with the case in hand and he testified as RW-5, who had no connection at all with the case in hand and he testified 5, who had no connection at all with the case in hand and he testified 5, who had no connection at all with the case in hand and he testified in regard to the complaint moved by him against the appellant, after in regard to the complaint moved by him against the appellant, after in regard to the complaint moved by him against the appellant, after in regard to the complaint moved by him against the appellant, after dismissal from service. On the basis of the complaint dismissal from s no action whatsoever ervice. On the basis of the complaint, no action whatsoever ACR for that itated and in fact the petitioner got A-Grading in his ACR for that itated and in fact the petitioner got A was initated and in fact the petitioner got A year. In spite of the facts stated in the written arguments, learned trial xiii) In spite of the facts stated in the written arguments, learned trial In spite of the facts stated in the written arguments, learned trial xiii) llegations made by the disgruntled Judge, perversely relied upon the said allegations made by the disgruntled llegations made by the disgruntled Judge, perversely relied upon the said a doubting the conduct of the appellant declared him as a employee and by doubting the conduct of the appellant declared him as a doubting the conduct of the appellant declared him as a employee and by corrupt officer. corrupt officer. the learned Family Court completely xiv) He further contends that the learned Family Court completely the learned Family Court completely xiv) ignored the text messages and voice recording abuses against the appellant ignored the text messages and voice recording abuses against the ignored the text messages and voice recording abuses against the appellant. He further submits that it was the respondent who deserted the appellant. He further submits that it was the respondent who He further submits that it was the respondent who xv) xv) In support of his contentions he relies upon the following In support of his contentions he relies upon the following In support of his contentions he relies upon the following judgments:- judgments: a) Vijaykumar Ramchandra Bhate Vs. Neela Vijaykumar Vijaykumar Ramchandra Bhate Vs. Neela Vijaykumar Vijaykumar Ramchandra Bhate Vs. Neela Vijaykumar TRIPTI SAINI 2024.09.06 16:56 I attest to the accuracy and integrity of this document