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 and decree dated 25.01.2016 passed by learned Principal Judge, Family Court, Jehanabad in Matrimonial Case No. 32 of 2013, whereby the matrimonial suit, preferred by the appellant, seeking dissolution of marriage on the ground of cruelty and desertion, has been dismissed.

3. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant with respondent was solemnized on 24.06.2002 as per Hindu Rights and Customs. After marriage, the respondent came to the house of appellant and lived together as husband and wife for two months. During stay at her matrimonial house, the behaviour of the respondent with her husband and other in-laws family members were not amicable during her stay, the respondent always misbehaved, humiliated and rebuked the appellant-husband in presence of his parents and relatives to lower down the reputation of the appellant. Ultimately, the respondent left her matrimonial house in the year 2009 with all her ornaments and since then she has been staying at her parental house. The appellant-husband made all his efforts to reconcile the matter with the respondent-wife but all his efforts went in vein.

4. It is submitted by learned counsel for the appellant that the Family Court has failed to appreciate the 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 Sections of the Indian Penal Code against the appellant-husband and other family members. It is also submitted that respondent had also filed a complaint before the employer to take disciplinary action against the appellant-husband.

5. It is submitted that these issues suffice to say that appellant was 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.

6. It is submitted that having regard to the aforementioned allegations of 498 (A) and other provisions of Indian Penal Code, complaint before Women Commission as also complaint before the employer would suffice to hold that appellant faced a cruelty at the hands of respondent. Ultimately, on 31.10.2022, the appellant took premature retirement from the service. The same has not been appreciated by the Family Court. In support of the aforementioned contentions, learned counsel for the appellant relied on Apex Court decision in the case of K. Srinivas Rao vs D.A. Deepa (2013) 5 SCC Page No. 226 (Para-11,16,27,29 and 34). In the light of these facts and circumstances, learned counsel for the appellant submitted that impugned order dated 25.01.2016 passed in matrimonial (divorce) case no. 32 of 2013 by the Principal Judge, Family Court, Jehanabad is liable to be set aside and to award decree of divorce while dissolving marriage between appellant-husband and respondent-wife which was performed on 24.06.2002.

7. Per contra, learned counsel for the respondentwife has submitted that marriage of respondent with the appellant was solemnized on 24.06.2002 as per Hindu Rights and Customs. After marriage, the respondent-wife started living in her matrimonial house but after sometimes, the in-laws family members including the appellant started torturing the respondent for non-fulfillment of dowry demand. The in-laws family members also made an attempt to kill the respondent, as a result of which, father of the respondent-wife had filed Beur P.S. Case No. 65 of 2007 on 06.12.2007 against the appellant and his other family members under Sections 498(A), 328, 379, 34 of the Indian Penal Code and Section 3/4 of the Dowry