SABIR KHAN ALIAS SHABBIR v. SAPEENA
Court: High Court of Punjab and Haryana
Bench: MR. JUSTICE GURVINDER SINGH GILL,MR. JUSTICE DEEPINDER SINGH NALWA
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-08-19. SABIR KHAN ALIAS SHABBIR v. SAPEENA. Read the judgment and case details on LawSphereX.
Judgment text
( 1 ) IN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHCHANDIGARH FAO-6631--2023 (O&M) Date of Decision:Date of Decision: 19. 08. 2025 Sabir Khan @ ShabbirSabir Khan @ Shabbir …Appellant Versus Sapeena ... Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILLHON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE DEEPINDER SINGH NALWADEEPINDER SINGH NALWA Present: Mr. Farukh Abdullah, Advocate,Advocate, for the appellant. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. Appellant –– Sabir Khan @ Shabbir assails order datedSabir Khan @ Shabbir assails order dated 25. 09. 2023 passed by 25. 09.
2023 passed by learned Principal Judge, Family Court, Nuhlearned Principal Judge, Family Court, Nuhlearned Principal Judge, Family Court, Nuh vide which a petition for grant of vide which a petition for grant of divorce filed by respondent/wifedivorce filed by respondent/wife – Sapeena under provisions of MohammedSapeena under provisions of MohammedSapeena under provisions of Mohammedan Law for Dissolution of MarriageLaw for Dissolution of Marriage has been acceptedhas been accepted ex parte and the marriage and the marriage has been ordered to be dissolved by a decree of divorce. n ordered to be dissolved by a decree of divorce. n ordered to be dissolved by a decree of divorce. 2.
As per the case set up by the respondent/wife, her marriage with Sabir KhanAs per the case set up by the respondent/wife, her marriage with Sabir KhanAs per the case set up by the respondent/wife, her marriage with Sabir KhanAs per the case set up by the respondent/wife, her marriage with Sabir Khan (appellant herein) was solemnized on(appellant herein) was solemnized on 02. 08. 2019 according to Muslim rituals,02. 08. 2019 according to Muslim rituals,02. 08. 2019 according to Muslim rituals, wherein huge money was spent and dowry articleswherein huge money was spent and dowry articleswherein huge money was spent and dowry articles were also given to her were also given to her husband and other members of his familyhusband and other members of his family. But despite the same, her husband. But despite the same, her husband. But despite the same, her husband and other members of his family were not satisfied. and other members of his family were not satisfied.
and other members of his family were not satisfied. It is further It is further It is further the case of the case of the respondent/wife that right from the very inceptionthe respondent/wife that right from the very inceptionthe respondent/wife that right from the very inception of marriage, her of marriage, her husband started misbehaving with her and taunted her for having brought lesshusband started misbehaving with her and taunted her for having brought lesshusband started misbehaving with her and taunted her for having brought lesshusband started misbehaving with her and taunted her for having brought less dowry and alsoalso demanded a bullet motor-cycle and an amount of Rs. 50,000/cycle and an amount of Rs. 50,000/cycle and an amount of Rs. 50,000/-in cash....
Upon refusal for the same by the respondent/wife, she was given Upon refusal for the same by the respondent/wife, she was given Upon refusal for the same by the respondent/wife, she was given Upon refusal for the same by the respondent/wife, she was given ( 2 ) beatings by her husband and othbeatings by her husband and other members of his family. She further averreder members of his family. She further averreder members of his family. She further averred that all her gold and silver ornaments were also snatched by her husband andgold and silver ornaments were also snatched by her husband andgold and silver ornaments were also snatched by her husband and that he refused to maintain her. Although several Panchayats were convened,that he refused to maintain her. Although several Panchayats were convened,that he refused to maintain her. Although several Panchayats were convened,that he refused to maintain her.
Although several Panchayats were convened, but to no avail and her husband did not mend his ways. but to no avail and her husband did not mend his ways. but to no avail and her husband did not mend his ways. The respondent/wife The respondent/wife further pleaded that her husband and his family members had created anfurther pleaded that her husband and his family members had created anfurther pleaded that her husband and his family members had created anfurther pleaded that her husband and his family members had created an environment full of physical and mental torture and it became difficult to liveenvironment full of physical and mental torture and it became difficult to liveenvironment full of physical and mental torture and it became difficult to liveenvironment full of physical and mental torture and it became difficult to live with him. 3.
The appellantThe appellant/husband in his reply denied all the materialin his reply denied all the material averments made innts made in the divorce petition and took a plea that in fact his wife has left thethe divorce petition and took a plea that in fact his wife has left thethe divorce petition and took a plea that in fact his wife has left thethe divorce petition and took a plea that in fact his wife has left the matrimonial home on her own accord and had taken away all the gold andmatrimonial home on her own accord and had taken away all the gold andmatrimonial home on her own accord and had taken away all the gold andmatrimonial home on her own accord and had taken away all the gold and silver ornaments. silver ornaments. 4. The parties were put to prove on the following issues:The parties were put to prove on the following issues:The parties were put to prove on the following issues: 1.
Whether the petitioner-wife is entitled to get a decree ofwife is entitled to get a decree of divorcedivorce in in her her favour favour on on the the grounds grounds of of cruelty cruelty and and desertion, as alleged? OPP 2. Whether the petition is neither maintainable nor tenable inWhether the petition is neither maintainable nor tenable in the eyes of law? OPR 3. Relief. 5. While the respondenWhile the respondent/wife herself stepped into witnesst/wife herself stepped into witness-box as PW-1 and also1 and also examined her father Majid as PWexamined her father Majid as PW-2, the appellant/husbandthe appellant/husband did not lead any did not lead any evidenceevidence and and was was in in fact fact proceeded proceeded againstagainstagainst ex ex ex parte parte parte vide vide vide order order order dated dated dated 15. 07. 2023. 15. 07. 2023. 6.
The FamilyFamily Court while considering the evidence on record, which wasCourt while considering the evidence on record, which wasCourt while considering the evidence on record, which was mainly in the shape of statements of respondent/wife and also her father, heldmainly in the shape of statements of respondent/wife and also her father, heldmainly in the shape of statements of respondent/wife and also her father, heldmainly in the shape of statements of respondent/wife and also her father, held that the evidence had remained unrebuthat the evidence had remained unrebutted and consequently, while acceptingted and consequently, while acceptingted and consequently, while accepting the petition ex partethe petition ex parte, granted divorce in favour of the respondent/wife. avour of the respondent/wife. ( 3 ) 7.
Learned counsel for the appellant while assailing the impugnedLearned counsel for the appellant while assailing the impugnedLearned counsel for the appellant while assailing the impugned judgment and judgment and decree submitted that the trial Court fell in error in passing ex partesubmitted that the trial Court fell in error in passing ex partesubmitted that the trial Court fell in error in passing ex parte judgment judgment and decree against the appellant/husbanddecree against the appellant/husband, whereas in fact it is a, whereas in fact it is a case where case where the entire case of the respondent/wife is based on falsehood and it is thethe entire case of the respondent/wife is based on falsehood and it is thethe entire case of the respondent/wife is based on falsehood and it is thethe entire case of the respondent/wife is based on falsehood and it is the respondent/wife, who had taken away all the gold and silver ornaments asrespondent/wife, who had taken away all the gold and silver ornaments asrespondent/wife, who had taken away all the gold and silver ornaments asrespondent/wife, who had taken away all the gold and silver ornaments as well as valuableswell as valuables from her matrimonial home, which would disentitle her forfrom her matrimonial home, which would disentitle her forfrom her matrimonial home, which would disentitle her for grant of divorce.
grant of divorce. 8. We have considered theWe have considered the aforesaid submissions and have also gone through theaforesaid submissions and have also gone through theaforesaid submissions and have also gone through the impugned judgment and decree. impugned judgment and decree. 9. The specific case set up for grant of divorce is that the appellant/husband hadThe specific case set up for grant of divorce is that the appellant/husband hadThe specific case set up for grant of divorce is that the appellant/husband hadThe specific case set up for grant of divorce is that the appellant/husband had treated the respondent/wife with cruelty and had also desertedtreated the respondent/wife with cruelty and had also desertedtreated the respondent/wife with cruelty and had also deserted her. While the her.
While the respondent/wife has not only specifically averred in her petition that she wasrespondent/wife has not only specifically averred in her petition that she wasrespondent/wife has not only specifically averred in her petition that she wasrespondent/wife has not only specifically averred in her petition that she was treated with cruelty by her husbandtreated with cruelty by her husband and his family members, who usedand his family members, who used to demand dowry and also used todemand dowry and also used to create an atmosphere full of physical andcreate an atmosphere full of physical andcreate an atmosphere full of physical and mental torture,mental torture, but has also stated so categorically in the witnessbut has also stated so categorically in the witness-box whilebox while appearing as PWappearing as PW-1...
Her statement is duly corroborated by the testimony of Her statement is duly corroborated by the testimony of Her statement is duly corroborated by the testimony of her father, who appeared as PWher father, who appeared as PW-2. Although both the witnesses were crossAlthough both the witnesses were crossAlthough both the witnesses were cross-examined on behalf of the appellant/husband,examined on behalf of the appellant/husband,examined on behalf of the appellant/husband, but nothing substantial could be but nothing substantial could be elicited during the course of their crossduring the course of their cross-examinations. examinations.
The appellant/husband The appellant/husband diddiddiddid not lead not lead not lead not lead any evidence to any evidence to any evidence to any evidence to rebut rebut rebut rebut the evidence led on behalf of the the evidence led on behalf of the the evidence led on behalf of the the evidence led on behalf of the respondent/wiferespondent/wife and was in fact later proceeded against ex parte. and was in fact later proceeded against ex parte. The Fami The Family Court apparentlyapparently was leftleftleft with with with no no no option, option, option, but but but to to to proceed proceed proceed against against against the the the appellant/husband ex parte when he did not choose to associate with theappellant/husband ex parte when he did not choose to associate with theappellant/husband ex parte when he did not choose to associate with theappellant/husband ex parte when he did not choose to associate with the proceedings. proceedings. ( 4 ) 10.
The fact that the appellant/husband after appearThe fact that the appellant/husband after appearThe fact that the appellant/husband after appearing initially before the Family before the Family Court, laterlater chose to remain absent and was proceeded against ex partechose to remain absent and was proceeded against ex parte, shows shows that he himselfthat he himself was never serious in maintaining matrimonial relations within maintaining matrimonial relations within maintaining matrimonial relations with the respondent/wife. the respondent/wife. As already discussed above, the evidence led by theAs already discussed above, the evidence led by theAs already discussed above, the evidence led by the respondent/wife regarding her illrespondent/wife regarding her ill-treatment by the appellant has remainednt by the appellant has remainednt by the appellant has remained unrebutted. unrebutted. 11.
Under these circumstances, the findings as recorded by the Family Court toUnder these circumstances, the findings as recorded by the Family Court toUnder these circumstances, the findings as recorded by the Family Court toUnder these circumstances, the findings as recorded by the Family Court to the effect that the appellant/husband had treated the respondent/wife withthe effect that the appellant/husband had treated the respondent/wife withthe effect that the appellant/husband had treated the respondent/wife withthe effect that the appellant/husband had treated the respondent/wife with cruelty and as regards her entitlement for aas regards her entitlement for a decree for divorce, do not call for do not call for any interference and are hereby affirmed. interference and are hereby affirmed. interference and are hereby affirmed. interference and are hereby affirmed.
Finding no merit in the instant Finding no merit in the instant Finding no merit in the instant Finding no merit in the instant appeal, the same is dismissed. appeal, the same is dismissed. (GURVINDER SINGH GILLGURVINDER SINGH GILL) JUDGE 19. 08. 2025 (DEEPINDER SINGH NALWADEEPINDER SINGH NALWA) Vimal JUDGE Whether speaking/reasoned:Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Source: High Court of Punjab and Haryana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.