The main legal point established in the judgment is that irretrievable breakdown of marriage, along with acts of bitterness and cruelty, can be a weighty circumstance necessitating the severance of marital ties.

S. Kumar, J.

Heard learned counsel for the parties.

2. This miscellaneous appeal has been filed against the judgment and order dated 30.04.2013 passed by the Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 4 of 2005, by which the learned court below granted decree of divorce in favour of respondent-husband.

3. Briefly stated, the facts of the case is that marriage between respondent-husband and appellant-wife was solemnized on 10.05.1995 at Ramgarh, Hazaribagh, where father of the appellant-wife was posted as Executive Engineer in Electricity Board Office. It has been alleged that after four days of marriage respondent-husband demanded Rs. 5 Lacs cash and other household articles worth Rs. 2,90,000/-from appellant-wife. The family of respondent-husband started abusing and assaulting appellant-wife when demand of dowry was not fulfilled and after retirement of father of appellant-wife, her in-laws demanded Rs. 5 Lacs for purchasing a building in Patna.

4. The respondent-husband has stated in divorce petition that he belongs to a middle class family and has earned status in the society by his own efforts. His father is a teacher in primary school and his mother is a traditional house-wife and all reside in Darbhanga.

5. The father of appellant-wife was Executive Engineer in Electricity Department at the time of her marriage and after retirement they are residing in Gardanibagh, Patna and appellant-wife is also living with them (her parents). The marriage between the parties was negotiated and solemnized when respondent-husband was student of B.E. Final Year, in 1994-95. The appellant-wife could not adjust herself with the family of the petitioner and started behaving in a cruel manner soon after marriage. Two children, one daughter namely Shigdha aged about 7 years and one son namely Kshitiz aged about 6 years were born out of the said wedlock and they are studying in G.R.D Academy, Dehradun and whole expenses of their education is being met by the respondent-husband. The daughter was born on 14.12.1997 and son on 07.05.1999. It has been further stated by the respondent-husband that he has two younger brother and unmarried sister, who are studying. Respondent-husband was meeting their educational expenses alongwith his father. The parents of respondent-husband often came to Patna and stayed with them.

6. It has been alleged by the respondent-husband that the appellant-wife treated family members of the respondent-husband with cruelty and did not showed respect towards them. The appellant-wife insisted that he should severe all his relations from his family and no amount should be spent upon them. The family members also wanted that the appellant-wife being eldest Bahu in the family should also stay at their native place at Darbhanga and should take proper care of elderly parents and other family members but the appellant-wife never agreed for it. The appellant-wife always used to quarrel with the family members and used filthy and abusive language and often became violent and also attempted to commit suicide on two occasions, when respondent-husband did not come under pressure of the appellant-wife She also started misbehaving with the respondent-husband and started quarrelling and using abusive language and even stopped talking. She also started denying marital obligation of wife since January-2000.

7. The appellant-wife without seeking permission from respondent-husband or family members left her matrimonial home and lived for long duration against the wishes of petitioner and lastly left her matrimonial home on 25.12.2001, and thereafter deserted the respondent-husband without any just cause or reason for more than three years and in spite of all efforts being made by the respondent-husband, she refused to come to her matrimonial home and resume matrimonial life, as such the appellant-husband has brought this suit for divorce on the ground of desertion of more than three years and cruelty.

8. The app