The decree of divorce is valid under the principles of desertion and mental cruelty when substantial evidence supports breakdown of marriage.

JUDGMENT :

SUNIL DUTTA MISHRA, J.

1. Heard learned counsel for appellant as well as the learned counsel for respondent.

2. The present appeal has been filed under Section 19 of the Family Courts Act , 1984 by the appellant for setting aside the order dated 05.01.2017 and decree dated 19.01.2017 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur (hereinafter referred to as ‘Family Court’) in Divorce Case No. 263 of 2016 whereby and whereunder the Divorce Petition filed by the respondent-wife was allowed ex-parte and the marriage of the appellant with the respondent was dissolved.

3. The facts of the case, in brief, is that the marriage between the appellant-husband and the respondent- wife was solemnized on 08.02.2012 at Mumbai in accordance with Hindu rites and customs. The marriage was a love marriage, the parties having come into contact while pursuing their studies at Melbourne, Australia, and was later solemnized with the consent of their respective families. After marriage, the parties resided together as husband and wife and consummated the marriage; however, no child was born from the wedlock. The respondent–wife, a medical professional by qualification, pursued higher studies in Radiology at Ahmedabad in the year 2013 with the consent of the appellant. During this period, according to the respondent, the conduct of the appellant underwent a marked change, and he allegedly began neglecting her, avoiding communication, and displaying indifferent behaviour. It was further alleged that during her serious illness in November 2013, when she was diagnosed with bone tumor and hospitalized at Mumbai, the appellant failed to provide care or support and he was not available for her when she was struggling with her life and death. This conduct of the appellant towards the respondent gave her mental tension. The respondent further alleged that the appellant developed an illicit relationship with another woman, abused her and her mother, and ultimately refused to cohabit or discharge marital obligations. It was contended that the appellant deserted the respondent since February 2014 and expressly stated his unwillingness to continue the matrimonial relationship. Inspite of best efforts of the respondent, the appellant refused to live with her as a husband and wife. The respondent waited for a long time to establish her matrimonial and conjugal rights, but the appellant did not even made a phone call to the respondent in between. Owing to continued neglect, alleged cruelty, and desertion, the respondent whose health was affected badly, joined a job as radiologist at Super Ultra-sound Centre at Hajipur, District Vaishali, Bihar, in April 2016. In the facts and circumstances, the respondent instituted a petition for dissolution of marriage under the provisions of the Hindu Marriage Act , 1955 (hereinafter referred to as ‘Act’).

4. Despite the Court notice through ordinary process as well as substituted service the appellant-husband did not appear. Accordingly, the case was proceeded ex-parte hearing by the learned Family Court and the appellant- husband/Opposite Party failed to file his written statement or adduce any evidence.

5. On the basis of pleading and submission advanced on behalf of the respondent, the learned Family Court framed the issue as to “whether petitioner is entitled to get decree of divorce from the O.P.?”

6. On behalf of the respondent-wife, altogether five witnesses have been examined to prove her case. They are as hereinunder: