P. B. Bajanthri, J. – Present Miscellaneous Appeal No. 205 of 2023 is arising out of Matrimonial (Divorce) Case No. 105 of 2019, on the file of the learned Principal Judge, Family Court, Vaishali at Hajipur by which appellant’s petition for divorce under Section 13 1(ia) 1(ib) of the Hindu Marriage Act, 1955 is declined.

2. Brief facts of the case are that appellant-husband and respondent-wife married in terms of Hindu rites and customs on 29.11.2012. Out of their wedlock, respondent-wife gave birth to a male child on 09.11.2013. Till 04.06.2015/05.06.2015 they were living together. Appellant-husband at the relevant point of time was a Junior Engineer in the Maharastra State Power Generation Company Limited.

3. Respondent was also living with her husband at Mumbai for sometime. There were certain domestic issues mainly respondent-wife was not willing to live in husband’s matrimonial home at village called Neem chowk, Tajpur, P.S- Tajpur, District- Samastipur, Bihar. Whereas, appellant and his parents were insisting respondent to stay in the aforementioned village to look after her in-laws. Further there were allegation against the husband-appellant and his parents and ten others, who are related or well wishers of husband. In this regard, criminal proceedings were initiated under Section 498 A and allied Sections, Mahua P.S. Case No. 294 of 2016. During pendency of the criminal proceedings six names were dropped whereas, offences under Section 498 (A) and allied Sections is still pending against appellant and his parents. Case for grant of maintenance under Sections 125 of Cr.P.C proceeded against husband, it is still pending consideration before the various judicial forums.

4. Simultaneously, respondent filed domestic violence case by means of filing complaint and it is also pending consideration. Further, she had filed complaint against her husband before his employer to take disciplinary action and remove him from service. She has also made serious allegations about the character of the husband and against his mother in the domestic violence complaint/petition.

5. In this backdrop appellant-husband filed matrimonial (divorce) case no. 105 of 2019, on the file of learned Family Principal Judge, Vaishali at Hajipur under Section 13 1(ia) 1(ib) of Hindu Marriage Act, 1955.

6. The learned Principal Judge, Family Court decline the appellant’s petition of the matrimonial (divorce) case no. 105 of 2019 on 16.02.2023.

7. Learned counsel for the appellant vehemently contended that Family Court failed to appreciate cruelty meted out to the appellant. On this issue learned counsel for the appellant submitted that respondent was not willing to join her matrimonial home and stay in a joint family or stay in the in-law’s house. Criminal proceedings were initiated under Section 498 (A) and other allied offences. It is also submitted that she had filed complaint before the employer to take disciplinary action and to remove him from service and domestic violence petition was filed under various Sections like Section 12, 18(d)(e)(f), 19 (f), 20 I(b) (d), 22 and Section 23.

8. It is submitted that these three issues suffice to say that appellant is facing character assassination, humiliation and embarrassment in the family circle and in his work place and in over all in the society and these issues would fall under mental torture and leads to cruelty at the hands of the respondent-wife.

9. Learned counsel for the appellant further relied on documents, Exhibits P/1 to P/4 which are relating to communication, domestic petition rejection of Criminal Miscellaneous.

10. It is submitted that having regard to the aforementioned allegations of 498 (A) and lodged case of Domestice Violence Act (D.V. Act), case for grant of maintenance under Sections 125 of Cr.P.C domestic violence, and complaint before the employer would suffice to hold that appellant faced a cruelty at the hands of respondent. The same has not been appreciated by the Family Court. In support