S. B. Pd. Singh, J.—Heard the parties.

2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment dated 29.03.2019 passed by learned Principal Judge, Family Court, Sitamarhi in Matrimonial Case No. 56 of 2013, whereby the matrimonial suit, preferred by the appellant-husband, for a decree of divorce, on dissolution of marriage, on the ground of cruelty and desertion, has been dismissed.

3. The case of the appellant-husband as per petition filed before the Family Court is that the marriage of the appellant-husband with respondent-wife was solemnized on 11.03.2012 as per Hindu Rights and Customs in a temple. After marriage, on 13.03.2012, the appellant-husband went to work in the Indian Railways and his wife-respondent started staying at her matrimonial house. On 20.06.2012 when the appellant-husband came to his house on leave, he found that the behavior of the respondent with her mother-in-law and father-in-law was not cordial. She used to abuse and quarrel with them on trivial issues and always threatened to commit suicide and implicate family members in a murder case. Ultimately, father of the appellant-husband filed an application before the S.H.O, Bela, about the behaviour of the respondent and for their protection. The appellant-husband also tried to convince his wife-respondent but all his efforts went in vein. On 06.08.2012, in the absence of the appellant-husband, the respondent called her father and uncle and secretly went to her parental house at night with all her belongings, for which the appellant-husband had filed a complaint before the Chief Judicial Magistrate on 08.08.2012 which is pending. The respondent, in the meanwhile filed a case under Section 498(A) of the Indian Penal code against the appellant-husband and other in-laws family members. The appellant-husband also claimed that respondent is in illicit relationship with a person before marriage. She also became pregnant before marriage with another person and when her parents came to know about it, her father wanted to marry the appellant-husband who was working in Indian Railways. The appellant’s father was aware of the character of the respondent due to which he flatly refused to marry his son with the respondent. Father of the respondent, thereafter filed a complaint before the Chief Judicial Magistrate, falsely alleging against the appellant-husband that she had become pregnant with the appellant-husband and got her married to the appellant-husband by applying criminal force. The respondent is living in her parents’ house since 06.08.2012 and regularly meets the person with whom she had illegal relationship and mentally harasses the appellant-husband due to which it is difficult to keep her with him and there is no future for him. It was therefore, prayed to pass an order for the divorce in favour of the appellant-husband.

4. After filing of the above case, the O.P./respondent appeared in response to the summon/notice issued by the Court and filed her reply/written statement.

5. It is submitted by learned counsel for the respondent that before marriage, a case of rape was filed against the appellant-husband and the marriage was performed in a temple after compromise in the aforesaid case. She admitted that it was a love marriage between the appellant-husband and the respondent. After marriage, the appellant-husband went to his place of posting and she started living her matrimonial house where she was tortured by her in-laws-family members. The respondent has filed a case of harassment against her in-laws and she has also filed a case of maintenance against her husband in which an order was passed to pay Rs. 5000/- per month. She denies that she used to abuse his in-laws family members and threatened to commit suicide. She also denies to have any illicit relationship with anyone. The appellant-husband admits that she still ready to live with the appellant-husband as husband and wife.

6. On the basis of the r