The sufficiency of evidence to prove grounds for divorce and the requirement for pleading specific grounds in the case.

Hemant Kumar Srivastava, J.

1. This appeal under Section 19 of the Family Court Act, 1984 is directed against the judgment and order dated 22.6.2009 passed by Additional Principal Judge (Additional Family Court) at Patna in Matrimonial Case No. 55 of 2001 (Rana Sujit Kumar Tuntun V/s. Jyoti Kumari) by which and whereunder the learned Additional Principal Judge dismissed the abovesaid Matrimonial suit on contest with cost.

2. The appellant (hereinafter referred to as husband) preferred the aforesaid Matrimonial Case under Section 13 of the Hindu Marriage Act, 1955 against the respondent (hereinafter referred to as wife) for divorce on the ground of desertion, cruelty and adultery.

3. The case of the husband is that his marriage was solemnized with the respondent-wife on 30.5.1997 according to Hindu rites and rituals. The couple was blessed with a female child on 28.6.1998. After the marriage, the wife came at the house of appellant (husband) but on 1.5.1999, she was taken away by her parents and thereafter, she never returned to her in-laws house though umpteen attempts were taken by the husband to take his wife to his house. Furthermore, the case of the husband is that whenever he went to the natal place of his wife with a view to take her back, he was mentally tortured by his wife as well as her parents. And, finally, on 23.11.1999, when respondent-wife flatly refused to accompany the appellant-husband, the husband filed a suit i.e. Matrimonial Case No. 4 of 2000 against his wife and others for restitution of his conjugal rights. But in spite of notice issued in the aforesaid suit, the wife did not appear in the said suit and subsequently, on 28.4.2000, the husband filed a petition in Family Court praying therein to proceed ex parte against the wife and, thereafter, a forged written statement was filed in the aforesaid suit on behalf of the wife. The learned Family Court started reconciliation proceeding but in the aforesaid reconciliation proceeding, the wife flatly refused to go alongwith the husband and thereafter, husband withdrew the aforesaid case of restitution of conjugal right and filed present suit for divorce. Further the case of the husband is that his wife had stayed at his home only for 6-7 months and in the aforesaid period, her behaviour was abnormal and aggressive and on several times, she attempted to flee away from the house of the husband and also misbehaved with the parents of husband. And lastly, she left her matrimonial home and she has been residing at her natal place since long. The husband also came to know from a confidential source that the marriage of his wife has been solemnized with another person. On the basis of aforesaid pleadings, the husband sought a decree for divorce.

4. The wife appeared before the learned court below and filed written statement denying all the pleadings placed by the husband before the learned court below. The specific case of the wife is that she was subjected to cruelty by her husband as well as his other family members in both ways; mentally and physically after the birth of a female child on account of non-fulfillment of demand of dowry and on account of the aforesaid reasons, she was compelled to reside at her natal place. It is also the specific case of the wife that she still wants to live with her husband if her husband gives assurance to protect her life and if she is kept by her husband with full honour and dignity. The wife also denied the story of her second marriage as well as the allegation of desertion, cruelty and adultery.

5. On the basis of the pleadings of the parties, the learned court below framed the following issues:

(i) Is the case as framed maintainable?

(ii) Has the petitioner got valid cause of action for the case?

(iii) Has the petitioner been deserted by the Opposite Party (respondent) as alleged?

(iv) Has the petitioner been treated with cruelty at the hands of the opposite party (respondent)?

(v) Is the petitioner entitled to get