Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.

JUDGMENT :

S. B. PD. SINGH, J.

1. Heard learned counsel for the appellant. None appears on behalf of the respondent.

2. The present appeal has been filed under Section 19 (1) of the Family Court Act , 1984 impugning the judgment and decree dated 11.09.2018 passed by learned Principal Judge, Family Court, Purnea in Matrimonial Case No. 93 of 2014, whereby the matrimonial suit, preferred by the appellant, seeking dissolution of marriage, 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 23.04.2000 at Kolkata as per Hindu rights and customs. The marriage was registered under Special Marriage Act . At the time of marriage, the father of the appellant spent Rs. 9 lakhs on articles and sent the same with the appellant. The marriage was consummated and out of the wedlock, a girl-child was born who is now 11 years old. After one year of the marriage, the appellant found the behavior of the respondent towards her was not very good and he had his eyes on the appellant’s jewellery and he deceived her and kept her jewellery with himself in the name of keeping it in a bank locker and gradually misused by selling them and also repeatedly pressurized the appellant to ask for money from her father. The appellant is the only daughter of her parents, therefore, they kept fulfilling the demands of the respondent for the appellant’s happy married life but respondent’s demand kept increasing day by day and when it increased beyond limits, the appellant’s father became unable to fulfill the demand, as a result of which, the respondent started torturing and assaulting the appellant for non-fulfillment of dowry demand. The appellant kept tolerating all the atrocities on herself for the sake of her daughter’s future. The respondent always kept lying to her for illegal demands and always kept assuring that her jewellery has been kept in the bank locker. The respondent always ignored appellant’s words and never fulfilled his marital obligations. The appellant further alleges that the respondent always contacted her for sexual pleasure and never gave her the respect of a wife and he repeatedly went to her father’s house for money. The respondent being husband never behaved well with the appellant and always used to torture and assault the appellant. Her parents and relatives made a lot of efforts to convince the respondent but all their efforts went in vein. She further alleges that being an ideal wife, she kept tolerating all the atrocities of respondent whereas the respondent, in order to hide his wrong conduct, kept tarnishing her reputation by making false allegations against her and kept increasing her mental agony and always kept saying that he cannot maintain marital relations with her. The harassment by the respondent kept increasing day by day and on 08.03.2013, when the appellant got fed up of the atrocities of respondent and made protest, she was beaten badly with an intention to kill and she was locked in a room. The appellant’s parents made a lot of efforts to convince the respondent but he was not ready to live with the appellant and from 10.03.2013 he has completely deserted her. The appellant further alleges that due to the cruel behavior, betrayal, fraud and daily mental torture, it is very difficult to maintain marital relations with the respondent. Hence, the appellant has no other option but to file the present divorce petition for dissolution of marriage with the respondent-husband.

4. The respondent-husband appeared and file