JUDGMENT :

GOUTAM BHADURI, J.

1. Challenge in this appeal is to the judgment & decree dated 13-3-2020 passed by the First Additional Principal Judge, Family Court, Durg, in Civil Suit No. 53-A/2017 whereby the application preferred by the appellant/husband for grant of decree of divorce was dismissed. The husband is in appeal before this Court.

2. The facts of the case, in brief, are that the parties were married on 11-5-2011. Thereafter they stayed at Bhatapara (Chhattisgarh) and Durgapur (West Bengal). It is pleaded that before the marriage the wife was working at Ambuja Cement Plant, Baloda Bazar. After the marriage, she left her job and joined her husband at Durgapur. Subsequently, she was pursuing her studies of Ph.D. in Chemical Engineering at Durgapur. Husband alleged that after the marriage the behaviour of the wife towards him was not congenial, as she used to hurl abuses to him and his mother in the name of mother and sister. It is further stated that the wife frequently used to skip preparation of meal as such the husband had to remain starving or to take his food at hotel. Husband also alleged that the wife used to extend threat that he would be inculpated in some false case, therefore, he remained scared all the time and continued to suffer the mental cruelty. Narrating a particular incident on 11-12-2013 when the husband came with wife from Durgapur to Bhatapara to meet his parents, after two days the wife went to her parental home at Bhilai. Subsequently, she went to Durgapur and thereafter, she had no contact with the husband. During her stay at Bhilai, on a report made by the wife, a case under Section 498-A read with Section 34 of the Indian Penal Code (for short ‘the IPC’) was registered against the husband and his family members.

3. Husband further stated that the wife used to level the allegation that his father used to keep a bad eye on her. With regard to the filthy abuses hurled by the wife, a complaint was made before the society wherein it was decided on 15-12-2013 that both the couple would stay separately. It is further stated that the wife used to stay separately and was pursuing her studies at Durgapur and consequently, the relation has got severed and they cannot go together further. The husband is, therefore, praying for dissolution of marriage on the grounds as mentioned hereinabove.

4. While denying the aforesaid contention of the husband, it is pleaded by the wife that while she was working, the entire salary was being taken by the family members of the husband and whenever the wife advised to have a child, the husband refuses the same on the ground that they may have a female child. She further stated that while coming from Durgapur on 13-12-2013 on account of some dispute she was abandoned at Bilaspur Railway Station and the husband refused to take her with him and hence she went to her parental home and thereafter, she went to National Institute of Technology (NIT), Durgapur. She further stated that on 15-12-2013 in a social meeting she narrated the entire cruelty meted out to her by the family members of the husband. According to her, while she was doing Ph.D. she was only getting certain scholarship and she was being humiliated in the name of witchcraft ¼Vksugh½. She further stated only on the false grounds the decree of divorce has been sought for, therefore, the same deserves to be dismissed.

5. The appellant/husband in his favour examined himself as PW-1 along with four other witnesses. The respondent/wife in her favour examined herself as DW-1 along with three other witnesses.

6. Learned Family Court framed the issue with regard to cruelty and held it against the husband. After evaluating the evidence dismissed the application preferred by the husband for grant of decree of divorce holding that he has failed to prove that he was treated with cruelty by the wife. Thus, this appeal.

7. Learned senior counsel appearing for the appellant/husband would submit that the evidence on record would sho