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 27.04.2016 passed by learned Principal Judge, Family Court, Hajipur, Vaishali in Divorce Case No. 33/2013/24/2010, whereby the matrimonial suit, preferred by the appellant, 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 as per petition filed before the Family Court is that the marriage of the appellant was solemnized with respondent No.1 Archana Chaudhary on 09.03.2008. After marriage, the appellant and respondent No. 1 started living a happy married life in Village-Chahuta (Bandhopatti) but after few months, the behaviour of respondent no. 1 towards the appellant-husband and other in-laws became changed and she started using abusive and filthy languages against her in-laws and the appellant. When the appellant requested the respondent No. 1 to mend her behavior, she threatened to commit suicide or she would administer poison to him. In July, 2008, respondent No. 2 (father of respondent No. 1) came to the house of the appellant and requested him for Bidagari of respondent No. 1. After Bidagari of respondent No. 1, she went to her Village-Anandpur, Sohora to perform Madhushrawani festival. After festival, the appellant requested for Bidagari of respondent No. 1 but respondent No. 2 refused to send respondent No. 1 to her in-laws place at Village-Chahuta (Bandhopatti) and took her to his place of service at Patna without consent of the appellant-husband. Fortunately, a male child was born out of the wedlock on 15.01.2009. On the occasion of Chhathihar of his grandson, the father of the appellant went to Patna and requested respondent No. 2 to fix a date for Bidagari but he refused to the proposal of father of the appellant and told to send the appellant for Bidagari. The appellant, thereafter went at the residence of his father-in-law in Patna and requested respondent No. 2 to fix a date for Bidagari but respondent No. 2 refused to send his daughter (respondent No. 1) with him to his village. He abused by using filthy languages and threatened him to implicate in a false case. The appellant was offered to live with respondent No. 1 at his in-laws residence. The respondent No. 1 also refused to to cohabit with the appellant whenever he demanded for it.

4. Ultimately, respondent No. 1 agreed to live with the appellant but she was not ready to live in village- Chahuta. Therefore, she was brought to a rented house in Darbhanga. On 21.06.2010, respondent No. 1 called her uncle, aunt and mother. They started abusing the appellant’s family members and asked them to leave the house, upon which the appellant’s father and other family members were forced to leave the house. The appellant’s mother-in-law forcefully took away his son and told that her daughter (respondent No. 1) would not live with the appellant. Hence, by the action and activity of respondent Nos. 1 and 2, the appellant sustained physical and mental torture and the acts of the respondent Nos. 1 and 2 had damaged the respect and prestige of the appellant’s family in the society. The appellant, therefore, prayed that the marriage between the appellant and respondent No. 1 be declared dissolved and a decree of divorce be passed in his favour.

5. It is pertinent to mention here that on 04.03.2010 the appellant had filed Matrimonial Case No. 24 of 2010 under Section 9 of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Madhubani for the restitution of conjugal rights. In the aforesaid case, respondent No. 1 had appeared on 17.05.2010 and filed her show-cause. Subsequently, on 29.07.2010, an amendment application was filed on behalf of the appellant to convert the matrimonial suit filed under Section 9 of the Hindu Marriage Act into a petition filed under Section-13 of the Hindu Marriage Act, 1955. After