JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present appeal has been filed against the judgment dated 06/10/2018 passed by Family Court, Mahasamund, District Mahasamund (C.G.) in Civil Suit No.34-A/2017 whereby the application preferred by the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') for dissolution of the marriage on the ground that the wife has treated the husband with cruelty and has also deserted the appellant/husband for continuous period of two years prior to filing of the suit, was dismissed.

2. Brief facts of the case are that the marriage in between the parties was solemnized on 29/06/2005 and out of the wedlock two daughters were born. The plaintiff/husband asserted that by concealing the fact that the wife was suffering with schizophrenia, marriage was performed, which resulted into failure in matrimonial obligations by her. Therefore, in order to conceal such disease, the wife started living at her parental home and on other hand false allegations and accusations were clamped on the husband for demand of dowry.

3. The Appellant/husband narrated an incident that in the year 2010, the wife tried to commit suicide by jumping into well and with the intervention of husband and other people she could be saved. The husband further stated that he wanted to take back his wife from Village Mahadevpali but citing some reason or the other, the parents refused to send the wife back. Therefore, the wife has deserted the husband without any lawful cause. The husband further asserted that false allegations of demand of dowry was further made to the police in the year 2015, which resulted into counseling but during counseling too the wife refused to come back and join the company of the husband. Therefore, on these grounds the divorce was sought for.

4. The wife/respondent refuted all the allegations and she denied to have suffering with any mental disorder. She pleaded that demand of Rs.5 Lakhs and motorcycle was made by the husband and their family members. Though the third party intervention of the society was made but their behaviour did not change. In the year 2010 she was abeted to commit suicide and was pushed into the well by the husband, however, she could be saved with great difficulty and thereafter she went back to her parental home and husband refused to keep her back. She further pleaded that the husband has performed second marriage on 18/10/2015 with another lady namely Kavya @ Kamini, therefore, the suit filed by the appellant/husband on false grounds may be dismissed.

5. Learned Family Court dismissed the suit for divorce and held that neither the husband was treated with cruelty nor the wife was suffering with any mental disorder. With respect to the performance of second marriage, the Court held it in affirmative and dismissed the petition for divorce.

6. Learned counsel for the appellant/husband would submit that the wife imputed false allegations of demand of dowry on the husband and she was suffering with schizophrenia and at the time of marriage this fact was concealed. He would further submit that the evidence would show that she tried to commit suicide and has a suicidal tendency, therefore, it would lead to a mental cruelty. He would further submit that the enquiry report which is placed on record would show that the false report for demand of dowry was alleged by the wife and her family members against the husband and though the allegations were made that the husband has performed a second marriage, but no iota of evidence of facts were placed before the Court to infer such second marriage. He would further submit that the evidence would show that when the husband tried to take back the wife, she refused to join back the company of the husband, therefore, the cruelty and desertion is committed to grant a decree for divorce.

7. Per contra, learned counsel for the respondent would submit that the marriage in between the parties took place in the year 2005