S. B. Pd. Singh, J.—Heard learned counsel appearing on behalf of the appellant. However, none appears on behalf of the respondent.

2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment dated 11.04.2017 passed by learned Principal Judge, Family Court, Kisanganj in Matrimonial Case No. 145 of 2012, 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 and a cost of Rs. 5000/- was imposed on the appellant-husband to be paid to the respondent-wife.

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 12.05.2009 at Kishanganj as per Hindu rites and rituals. Since the beginning of marriage, the behaviour of the respondent-wife towards the appellant-husband was not amicable as she was always creating nuisance for going “Naihar” (parental place) and she was pressurizing the appellant-husband to sell the property of Kishanganj and to settle at Gulabbagh, Purnea. The respondent-wife conceived in the year, 2010, she went to Gulabbagh and gave birth to one son Tejas on 15.09.2010. After birth of son, the respondent-wife returned back at Kishanganj in the month of January, 2011 and lived at Kishanganj and when she again conceived, she again pressurized the appellant-husband to go to her parents’ place to give birth to second child and despite opposition by the appellant-husband, she left her matrimonial house at Kishanganj and went at her parents’ place at Purnea on 14.08.2011 and since then, the respondent-wife deserted the appellant-husband. The appellant-husband made all his efforts to get the respondent-wife returned at her matrimonial house but all his efforts went in vein. The respondent-wife and other in-laws family members also threatened the appellant-husband to implicate in a false case if he does not agree for a permanent alimony. Hence, Matrimonial Case No. 145 of 2012 was filed for dissolution of marriage.

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. In her written statement, the respondent-wife has stated that she got married with appellant-husband and out of the wedlock, two male child were born. She further alleged that just after her marriage, the appellant-husband and all his other family members started passing comments for not bringing articles of gold and silver and they were demanding extra dowry of Rs. 10 lakhs. They started subjecting mental and physical torture and for that the respondent-wife filed a criminal case no. 2453/13 under Section 498(A) of the Indian Penal Case and that case is still pending in the court of S.D.J.M. Purnea. All the gifts of marriage were snatched by the appellant-husband at her matrimonial place and she was driven out from the matrimonial place along with her both children. The respondent-wife is leading very painful life at her parent's place and she herself is suffering with mental cruelty and pain. The respondent-wife is of sound mind with her best physical effort and mental status and she is not abnormal and she is not infected with any disease, therefore, there is no ground of divorce with the appellant-husband. The respondent-wife does not want divorce because she has got two kids from the appellant-husband and she wants to lead her conjugal life with him. At the time of counselling on 18.12.2013 by the court, the respondent-wife also gave her consent that she wants to live with her husband but it was the appellant-husband who was not ready to keep the respondent-wife with him as wife. Such attitude and behaviour of appellant-husband is sufficient to believe that he is not law abiding person and is aggressive. The respondent-wife also denied the allegations that she was creating nuisa