Court clarified that trivial disputes do not constitute grounds for divorce; the burden of proving cruelty lies with the petitioner.

JUDGMENT :

S. B. PD. SINGH, J.

Interlocutory Application No. 1 of 2019 This Interlocutory Application has been filed by the appellant under Section 5 of the LIMITATION ACT , 1963 for condoning the delay of 36 days in filing the instant Miscellaneous Appeal.

2. Considering the averments made in the interlocutory application, sufficient cause have been shown which prevented the appellant from filing the Miscellaneous Appeal in time.

3. Accordingly, this interlocutory application is allowed and the delay of 36 days in the filing of the Miscellaneous Appeal is condoned.

4. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated 05.06.2018 and 18.06.2018 respectively passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 302 of 2011, 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.

5. 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 01.07.1995 as per Hindu i¹hts and Customs and out of the wedlock a daughter namely, Niharika@Tannu born on 02.12.1996 and a son namely Akash Ansh @ Babu born on 01.08.2003. The appellant and respondent lived together as husband and wife for about 7 years. It is alleged that the respondent was a quarrelsome lady and always used to quarrel with her husband and other in-laws family members and always used to go to her parents’ house without giving any information. The behaviour of the respondent was also not good towards children. In the year 2003, she went to her parental house along with children. The appellant made several attempts to bring the respondent and children to her matrimonial house but all his efforts went in vein. Ultimately, the appellant moved before the Family Court to save his physical and mental life because the appellant suffered a lot in terms of mental, physical as well as financial. The respondent deserted the appellant without reasonable cause and without the consent or against the wish of appellant. The respondent had left her matrimonial house on 4^th May 2003 and since then she resides at her parental house at Khagaria. It is further alleged that only to harass the appellant, she has filed Complaint No.514/290 of 2011 on 21.04.2011 against the appellant in the Bihar State Women’s Commission, Patna. It was therefore, prayed to pass an order for the divorce in favour of the appellant.

6. In response to the summon/notice issued by the Court, respondent/O.P appeared and filed her reply/written statement.

7. It is submitted by learned counsel for the respondent that marriage of respondent with the appellant was solemnized more than 15 years ago and out of the wedlock, one daughter and one son were born. The appellant has filed the present matrimonial suit in counter blast of the complaint petition dated 21.04.2011 filed by the respondent before Bihar State Women Commission, Patna against the appellant-husband. After marriage, the respondent was tortured mentally and physically and she was restricted to meet her children. Though, she work as Neyojit Teacher at Khagaria but after taking leave in vacation, the respondent always used to come to her matrimonial house at Patna. The respondent is still living in her matrimonial house and trying to lead happy peaceful conjugal life but