19.08.2025 Sabir Khan @ han @ Shabbir v. Sapeena
Case Details
FAO-6631-202 2023 (O&M) ( 1 ) IN THE HIGH COURT OF PUNJA IN TH CHANDIGAR UNJAB AND HARYANA AT IGARH FAO-6631- Date of Deci -2023 (O&M) f Decision: 19.08.2025 Sabir Khan @ han @ Shabbir …Appellant Versus Sapeena ...Respondent CORAM: HON'BLE MR. JUSTICE GU E GURVINDER SINGH GILL HON'BLE MR. JUSTICE DEE DEEPINDER SINGH NALWA Present: Mr. Farukh Abdullah, Advocate, vocate, for the appellant. GURVINDE INDER SINGH GILL, J. 1. Appellant – – Sabir Khan @ Shabbir assails o sails order dated 25.09.2023 passed b ssed by learned Princ Principal Judge, Family Court, Nuh , Nuh vide which a petition for grant o grant of divorce filed e filed by respondent/wife – Sapeena u eena under provisions of Mohammed medan Law for Diss r Dissolution of Marriage has been ac een accepted ex parte and the marriag arriage has been orde n ordered to be dissolved by a decree ecree of divorce. 2. As per the ca the case set up by the respondent/wif ent/wife, her marriage with Sabir Kha ir Khan (appellant he ant herein) was solemnized on 02.08.2 rituals, 2.08.2019 according to Muslim rituals wherein huge n huge money was spent and dowry dowry articles were also given to he to her husband and d and other members of his family. B . But despite the same, her husban usband and other me her members of his family were not s not satisfied. It is further the case o case of the responde spondent/wife that right from the v the very inception of marriage, he ge, her husband start d started misbehaving with her and ta and taunted her for having brought les ght less dowry and al also demanded a bullet motor-cyc cycle and an amount of Rs.50,000/ 0,000/- in cash. Up . Upon refusal for the same by the by the respondent/wife, she was give s given VIMAL KUMAR 2025.08.21 17:05 I attest to the accuracy and integrity of this document FAO-6631-202 2023 (O&M) ( 2 ) beatings by h s by her husband and other members o bers of his family. She further averre averred that all her gold and silver ornaments were a were also snatched by her husband an and and that he refuse refused to maintain her. Although se nvened, ugh several Panchayats were convened but to no ava no avail and her husband did not mend t mend his ways. The respondent/wif nt/wife further plead pleaded that her husband and his f his family members had created a ated an environment ment full of physical and mental tortu al torture and it became difficult to liv t to live with him. 3. The appellan pellant/husband in his reply denied al ied all the material averments made i ade in the divorce vorce petition and took a plea that a that in fact his wife has left th left the matrimonial onial home on her own accord and h and had taken away all the gold an old and silver orname rnaments.
Legal Reasoning
4. The parties w rties were put to prove on the followin llowing issues: 1. Whether the petitioner-wife is en is entitled to get a decree of divorce in her favour on the g the grounds of cruelty and desertion, as alleged? OPP 2. Whether the petition is neither ma er maintainable nor tenable in the eyes of law? OPR 3. Relief. 5. While the res the respondent/wife herself stepped in ped into witness-box as PW-1 and als nd also examined he ed her father Majid as PW-2, the app the appellant/husband did not lead an ead any evidence and ce and was in fact proceeded agai against ex parte vide order date r dated 023. 15.07.2023. 6. The Family amily Court while considering the e the evidence on record, which wa ch was mainly in the in the shape of statements of respond spondent/wife and also her father, hel er, held that the evide e evidence had remained unrebutted an ted and consequently, while acceptin cepting the petition e ition ex parte, granted divorce in favou avour of the respondent/wife. VIMAL KUMAR 2025.08.21 17:05 I attest to the accuracy and integrity of this document FAO-6631-202 2023 (O&M) ( 3 ) 7. Learned coun
Legal Reasoning
d counsel for the appellant while assa e assailing the impugned judgment an ent and decree submi submitted that the trial Court fell in er ll in error in passing ex parte judgmen dgment and decree a cree against the appellant/husband, w , whereas in fact it is a case wher where the entire ca tire case of the respondent/wife is b e is based on falsehood and it is th t is the respondent/w dent/wife, who had taken away all th all the gold and silver ornaments a ents as well as valua valuables from her matrimonial hom l home, which would disentitle her fo her for grant of divor f divorce. 8. We have con ve considered the aforesaid submission issions and have also gone through th ugh the impugned jud ned judgment and decree. 9. The specific ecific case set up for grant of divorce ivorce is that the appellant/husband ha and had treated the re the respondent/wife with cruelty and y and had also deserted her. While th hile the respondent/w dent/wife has not only specifically ave lly averred in her petition that she wa she was treated with with cruelty by her husband and hi and his family members, who used to demand dow d dowry and also used to create an te an atmosphere full of physical an cal and mental tortur torture, but has also stated so catego categorically in the witness-box whil x while appearing as ing as PW-1. Her statement is duly c duly corroborated by the testimony o ony of her father, w her, who appeared as PW-2. Althoug e cross- lthough both the witnesses were cross examined on ed on behalf of the appellant/husband sband, but nothing substantial could b ould be elicited durin during the course of their cross-exam examinations. The appellant/husban usband did not lead t lead any evidence to rebut the t the evidence led on behalf of th of the respondent/w dent/wife and was in fact later proceed roceeded against ex parte. The Fami Family Court appare apparently was left with no optio option, but to proceed against th nst the appellant/hus nt/husband ex parte when he did n did not choose to associate with th ith the proceedings. dings. VIMAL KUMAR 2025.08.21 17:05 I attest to the accuracy and integrity of this document FAO-6631-202 2023 (O&M) ( 4 ) 10. The fact that ct that the appellant/husband after app er appearing initially before the Famil Family Court, later later chose to remain absent and was p was proceeded against ex parte, show shows that he himse himself was never serious in mainta maintaining matrimonial relations wit ns with the responde pondent/wife. As already discussed ussed above, the evidence led by th by the respondent/w dent/wife regarding her ill-treatment nt by the appellant has remaine mained unrebutted. tted. 11. Under these these circumstances, the findings as r gs as recorded by the Family Court t ourt to the effect th ect that the appellant/husband had t had treated the respondent/wife wit fe with cruelty and as regards her entitlement for a for a decree for divorce, do not call fo call for any interfere terference and are hereby affirmed. med. Finding no merit in the instan instant appeal, the sa , the same is dismissed. GURVINDER SINGH GILL) (GURV JUDGE 19.08.2025 Vimal DEEPINDER SINGH NALWA) (DEEP JUDGE Whether speaking/reasoned: Whether reportable: ned: Yes/No Yes/No VIMAL KUMAR 2025.08.21 17:05 I attest to the accuracy and integrity of this document