Jitendra Kumar, J. – The present appeal has been filed impugning the judgment and order dated 31.07.2017, passed in Title Suit (Divorce) Case No. 14 of 2014, by Ld. Principal Judge, Family Court, Sheikhpura, whereby the petition of the Appellant- Plaintiff filed for divorce under Section 13 of the Hindu Marriage Act, 1955, has been dismissed on contest.

2 (i) The case of the Appellant-husband, as per the pleadings, is that the marriage between the Appellant-Plaintiff and Respondent-Defendant was solemnized on 1st May, 1978 and after the marriage, one daughter, namely Rimjhim Kumari was born in the year 1990 out of wedlock and thereafter, the Appellant-Plaintiff did not get any other child.

2 (ii) It is further pleaded that with the consent of the Respondent-Defendant-wife, the Appellant-Plaintiff-husband solemnized second marriage with another girl in the year 2004. Thereafter, the conjugal life of the Appellant-Plaintiff and Respondent-Defendant became gradually bitter and consequently both the parties began to live separately since 2005 and since then they have not been able to live together.

2 (iii) It is further pleaded that in the year 2010, the Respondent wife filed a complaint case bearing Complaint Case No. 197C of 2010 in the Court of Ld. Chief Judicial Magistrate, Sheikhpura for the offences punishable under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The Respondent-wife also lodged another criminal case on 25.11.2011, bearing Sheikhpura P.S. Case No. 365 of 2011 for the offences punishable under Section 498A read with Section 34 of the IPC. However, in both the criminal cases, the Appellant-husband got anticipatory bail by this Court, subject to the conditions that the Appellant-husband will pay Rs. 5,000/- per month to the Respondent-wife towards her maintenance, with further condition that he will deposit additional j 5 lacs within a period of one year for the marriage of his daughter Rimjhim Kumari. It was also stipulated in the anticipatory bail order that both the parties will file appropriate application for mutual divorce after the marriage of their daughter. In compliance of the direction of this Court, the Appellant had deposited j 5 lacs in the account of his daughter, Rimjhim Kumari and her marriage was solemnized in the year 2013. Thereafter, the Appellant-husband has made request to the Respondent wife to file divorce petition under Section 13(B) of the Hindu Marriage Act, 1956 for divorce with mutual consent, but the Respondent-wife did not agree to file the divorce petition. Hence, the Appellant has filed the present divorce petition on two grounds, firstly on the ground of undertaking given by the Respondent-wife before this Court and, secondly, on the ground that they have been living separately for more than ten years.

3. On notice, the Respondent-Defendant-wife appeared before the Family Court and filed her written statement, wherein she had admitted that her marriage was solemnized with the Appellant-Plaintiff in the year 1978 and out of wedlock, one daughter, namely, Rimjhim Kumari was born. It is also averred in her written statement that prior to 2004, her pregnancy was got terminated by the Appellant husband against her will. It is also averred in the written statement that the Appellant husband had performed second marriage in year 2004 on his own, whereas she wanted to live with him. It is also admitted that she has filed two criminal cases against her husband for cruelty committed by him. It is also admitted that it is true that as per the order of this Court dated 10.09.2012, petition for divorce with mutual consent was to be filed after marriage of her daughter Rimjhim Kumari. However, the Appellant-husband filed divorce petition in the Court of Ld. District Judge, Munger without consent of Respondent-wife. She came to know about the divorce petition after she filed Maintenance Case No. 28M of 2011. She had also claimed that to avoid payment of maintenance to h