JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present appeal is against the judgment and decree dated 13/02/2019 (Annexure A/1) passed by the learned Family Court, Janjgir, District Janjgir-Champa, C.G., whereby the application filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') seeking divorce on the ground of cruelty was dismissed.

2. The brief facts of the case are that the marriage was solemnized in between the parties on 12/05/2009 at village Lachchanpur, District Janjgir-Champa, C.G. and out of the wedlock a child was born. The husband made averments that he was working as Teacher and whenever he used to come late, the wife raised suspicion on his character and further she failed to discharge her matrimonial obligations apart from the fact it was stated that the physical appearance of the husband was also targeted to be ugly. The husband further stated that false allegations were leveled for demand of dowry against him and entire family members. It is further averred that the wife tried to commit suicide and also used to extend threat to commit suicide. Making allegation that on 28/06/2013, the wife called the members from her parental home; extended threat; and lastly on 03/07/2013 a report was made under Section 498-A, 323 read with Section 34 of IPC. In the mids of that, certain compromise was arrived at, but the wife continued her aggressive behaviour to extend threat to commit suicide and extended further threat to kill the child by consuming some insecticide poison. On these different grounds the divorce was sought for.

3. In response to the averments made by the husband, the wife stated that the husband has an illicit relation with a lady outside the marriage and further she was subjected to torture for demand of dowry and an amount of Rs.2,00,000/- (Two Lakhs) was demanded by way of dowry. The wife further stated that after birth of child certain compromise took place in between them but eventually it did not last. Further a report was made under Section 498-A read with Section 34 of the IPC against the husband and the family members. She further stated that she was forced to leave the matrimonial house by husband and on false grounds the divorce is sought for. Therefore, the petition be dismissed.

4. On behalf of the husband four witnesses were examined and the wife examined three witnesses including herself. Learned Family Court after evaluating the evidence dismissed the application filed by the husband seeking divorce. Hence this appeal.

5. Learned counsel for the appellant would submit that the wife has made false allegations and even the character assassination was made by leveling allegation of illicit relation with a lady outside the marriage in her written-statement, which itself amounts to cruelty. He would further submit that on a report made by the wife the entire family of the husband went through the trial which ultimately resulted into acquittal. He would therefore, submit that as per the law laid down by the Supreme Court in the matter of Rani Narasimha Sastry Vs. Rani Suneela Rani {(2020)18 SCC 247} this would itself would amount to cruelty. He would further submit that the husband and wife are living separately for the last more than 10 years, therefore, under the circumstances the decree of divorce may be granted.

6. Per contra, learned counsel for the respondent opposed the arguments advanced by learned counsel for the appellant and would submit that the respondent was subjected to cruelty for demand of dowry, therefore, the judgment and decree passed by the Court below is well merited which do not call for any interference.

7. We have heard learned counsel for the parties and perused the documents and evidence.

8. In the divorce petition predominantly on the ground that the husband was subjected to mental cruelty for the reason that whenever the husband used to come late the wife used to doubt the character of husband. The averment further is that the