JUDGMENT

C.K Thakker, J. - Leave granted.

2. This appeal is filed against the judgment and order passed by the High Court of Judicature at Allahabad on September 29, 2004 in First Appeal No. 1008 of 1999. By the said judgment, the High Court reversed the decree of divorce passed in favour of the appellant- husband by the Family Court, Allahabad on September 13, 1999 in Case No. 209 of 1992.

3. Short facts of the case are that the marriage between appellant and respondent was solemnized on May 27, 1974 as per Hindu rites and ceremonies. For some time the relations between the parties went on well. A female child Seema was born from the said wedlock in 1980. It is the allegation of the husband that the wife did not co-operate with him and his family members. She started pressurising the husband to live separately from his parents, brothers and sisters. According to the husband, however, he was the eldest son of his parents and was not in a position to oblige the wife by living with her. He had to support his old parents and also to look after future of his brothers and sisters who were dependent on him. Since the husband did not accede to the demand of the wife, her behaviour towards the husband and his family members became rude. She started threatening the husband that if he would not concede to her demand of living only with her, he had to suffer consequences. The husband, however, was hopeful that in course of time, the wife will get settled and there would be no problem. Unfortunately, however, with the passage of time, the situation turned from bad to worse and she started deliberately mis-behaving not only with the husband but also with his old parents. She was violent on petty issues and small matters. She used to insult them on one pretext or the other and made the situation intolerable.

4. The appellant-husband, is a teacher and belongs to a respectable family. The above acts of the respondent-wife lowered down and tarnished the image of the appellant and his family in the society. It had also caused mental and physical agony to him. The respondent did not mend her ways. In or about January, 1984, she left matrimonial home with her brother in absence of the appellant without just or reasonable cause leaving her minor daughter Seema and taking all ornaments and jewelleries. The appellant and his family members made several efforts to bring respondent to the matrimonial home, but she did not return. The appellant persuaded her that she should at least consider the interest and well-being of Seema who needed love and affection of the mother, but it had no effect whatsoever on the respondent. The appellant was deprived of conjugal rights. Her conduct and behaviour towards appellant, his family members and a minor daughter resulted in physical and mental cruelty to the appellant.

5. The matter did not end there. With a view to harass and humiliate the appellant in the society, the respondent-wife filed a civil suit on April 17, 1992 (Smt. Madhuri Devi v. Jagdish Singh) in the Court of learned Munsif Sadar, Pratapgarh for permanent injunction alleging therein that the appellant-husband was likely to enter into second marriage and since the first marriage with the plaintiff (wife) was subsisting, the defendant (husband) had no right to perform second marriage. She also prayed for interim injunction. Ex parte injunction was granted by the Court, but after hearing the parties, the application was dismissed and injunction was vacated. Against the said order, the respondent had preferred an appeal which is pending.

6. In spite of all this, the appellant tried to persuade the respondent to come back to matrimonial home. But the respondent refused to stay with the appellant. So much so that when the appellant arranged Seemas marriage and informed her, she did not attend it. In view of all the circumstances, the appellant filed a divorce petition being Case No. 209 of 1992 in the Family Court, Allahabad under Section 13 of the Hindu