Sunil Dutta Mishra, J. – Heard learned counsel for both the parties.

2. This Miscellaneous Appeal has been filed against the judgment dated 05.11.2022 and decree dated 14.11.2022 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 694 of 2011 whereby and whereunder the learned Family Court has allowed the divorce case filed by the respondent-husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955.

3. The case of the respondent-husband in brief is that the marriage between the appellant-wife and respondent-husband was solemnized on 08.07.2003 according to Hindu rites and rituals at the parental house of the appellant-wife situated at Mohalla Patel Nagar, Patna in presence of common wellwishers and relatives, and both the parties lived together as husband and wife. It is alleged that in the month of April, 2005 the appellant-wife left the society and company without consent of the respondent-husband and against his will she went to her naihar. Gradually, the behaviour and attitude of the appellant changed and she used to be very adamant on trivial issues. Both the parties, out of their wedlock, were blessed with a female child ‘Khushi’ @ ‘Wagisha Raj’ on 15.12.2004, who is presently in the custody and care of appellant-wife. The appellant-wife was ignorant about the health of the female child Khushi. It has been alleged that the appellant-wife refused to have physical relationship with the respondent-husband. Further, the appellantwife filed a criminal case under Sections 498A, 379, and 34 of Indian Penal Code, 1860 against the respondent, his parents and unmarried nanad on 15.03.2007 vide Danapur P.S. Case No. 209 of 2007 in which the aforesaid accused were granted bail and after compromise respondent-husband and his family members were acquitted vide judgment dated 06.01.2008 from the Court of SDJM, Danapur. Based on the said compromise, the Matrimonial Case No. 100 of 2007 for restitution of conjugal rights was also disposed of. Thereafter, the appellant- wife along with her daughter Khushi went to live in her matrimonial house and started residing since 06.10.2007. It is stated that the appellant-wife is employed as a panchayat teacher in Bihar Government from 04.04.2007. She used to oppress the respondent to work outside Patna, and when he shifted to Hyderabad she was still unhappy. The appellant-wife treated the parents of the respondent-husband with cruelty and despite their old age and fragile health, she neglected their basic needs, including depriving them of food. The respondenthusband had to return back to Patna. The appellant-wife again left the matrimonial house on 18.03.2009 along with her daughter and again filed a criminal case against the respondent and his parents vide Complaint Case No. 535 (C) of 2010. Also, while leaving her matrimonial home she took along with her belongings including gold ornaments and valuable clothes. The relationship between the appellant and respondent has been irretrievably broken down and there is no hope of any restoration of their relationship. Hence, the respondent-husband sought decree of divorce from the learned Family Court vide Matrimonial Case No. 694 of 2011.

4. The appellant-wife appeared and filed her written statement and denied the allegation alleged by the respondent-husband. It is stated that all the demands raised at her marriage by the parents of the respondent-husband were fulfilled by the father of appellant-wife with a view to make family life and future of the appellant-wife happy and cheerful. The appellant-wife used to take proper care of the parents of the respondent and did her best to please them as a simple Indian wife. It was further stated that, from 5th month of her pregnancy till the delivery of the female child her father took all care and borne all expenses so related wherein the respondent-husband never performed his responsibility and duty of a husband. It is further stated that the behaviour of the re