The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.

JUSTICE S. B. PD. SINGH, J.

Heard the parties.

2. The appellant has come up in this appeal against judgment and decree dated 20.02.2018 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Divorce Case No. 247 of 2013, whereby the petition filed by the respondent under Section 13 of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been allowed.

3. The pleaded case of the respondent in his petition under Section 13 of the Hindu Marriage Act, 1955 is that the marriage of the appellant was solemnized with the respondent on 20.11.2011 according to the Hindu Rights and Customs. The marriage was consummated and a female-child was born out of the wedlock on 03.11.2012. Sometimes after the marriage, the appellant started pressurizing the respondent to live separately from his old parents. The appellant used to abuse filthy languages against her parents-in-law. She also used to behave cruelly with her husband (respondent) and tried to malign the prestige of the family of the respondent. After marriage, the appellant never took the responsibility as a wife and old mother of the respondent used to cook food for the family. The appellant always used to throw the food outside the house and respondent and his other family members had to remain hungry on so many occasions. The appellant is a lady of free mind and she always used to go for movie and market with another male members. Whenever the respondent objected, she became furious. She used to go to her Maike frequently without the permission of the respondent.

4. The appellant has completely failed to discharge her matrimonial obligation towards her husband and other in-laws members. The actions/misdeeds of the appellant have caused great torture and harassment in the mind of the respondent. This causes enormous pain and grief in the mind of the respondent and he found that in spite of giving best possible love and affection, there was no change in her behaviour towards him, his parents, relations and friends. The appellant has left the society and company of the respondent and went to her Maike on 19.08.2013. The matrimonial relation between the appellant and respondent had already irretrievably broken down and there was no hope of restoration of their conjugal life. Hence, the respondent has filed the present Divorce Petition for dissolution of marriage with the appellant.

5. After filing of the Matrimonial Case, summons were issued to the opposite party/appellant. She appeared and filed her written statement in which she has stated that all the allegations made by the respondent against the conduct and behaviour of the appellant was denied. It has been averred that she used to cook food at her matrimonial house and after taking the bath and performing prayer to the God, she used to take lunch or food. It has been averred that Rs. 2 lakh was demanded as dowry by her husband and for non-fulfillment of the same, she was ousted from her matrimonial house along with her daughter. It has also been alleged that respondent has illicit relationship with his sister-in-law (Bhabhi). The appellant has also filed Complaint Case No. 2526 of 2014 against the respondent and other in-laws family members under Sections 498(A) of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. This Divorce case is said to have been filed on false and concocted grounds only to oust the appellant from the matrimonial life of the responde