PRATIBHA RANI, J.

1. After more than two decades of solemnisation of marriage and ten years of separation, the appellant/husband filed a petition seeking dissolution of marriage on account of cruelty but at the same time pleading that parties have been residing separately for more than twelve years. Why he preferred not to seek dissolution of marriage on account of desertion as well, cannot be ascertained from the record. On the basis of averments made in the divorce petition and appreciating the evidence led in support thereof, learned Judge, Family Court held that the accusations of cruelty against the wife could not be proved. This resulted in dismissal of the divorce petition.

2. The judgment and decree dated July 02, 2015 has now been assailed by the appellant/husband before this Court in the hope that the marriage having become dead, he may be able to get the marital ties with the respondent/wife snapped.

3. Learned counsel for the appellant/husband during hearing of the appeal was time and again requested to show from the record how the grounds taken by him to prove cruelty and the evidence led in support thereof can establish that the learned Judge, Family Court misdirected himself while dealing with those grounds or failed to appreciate the evidence in correct perspective. Unfortunately learned counsel for the appellant/husband drew complete blank. He submitted that written submissions have already been filed and the same may be considered.

4. Situation on the other side i.e. respondent/wife was no different. We have been handed over written submissions today in the Court which in fact appear to be list of dates and events and not the legal submissions with nothing further to add.

5. Thus, we have to take over the job to minutely go through the LCR to find out what were the pleadings of the parties, the evidence led during divorce proceedings by the husband as well by the wife and how the rival contentions have been dealt with by the learned Judge Family Court before reaching to the conclusion that it was not a fit case to grant divorce to the appellant/husband on the ground of cruelty.

6. It is admitted case of the parties that their marriage was solemnised on October 19, 1990 as per Hindu rites and customs. The marriage was consummated. The first child, a daughter, was born to them on May 11, 1993 who was given in adoption to the elder sister and brother-in-law of the respondent/wife. The circumstances under which the child was given, shall be dealt with in later part of the judgment. The parties were again blessed with a daughter on February 21, 2001. The parties resided together along with their daughter till April 29, 2002. At the time of filing the divorce petition the elder daughter was nineteen years old and younger was twelve years old. Both the spouses are gainfully employed. While the husband was a Loco Inspector with Indian Railways; his wife was an Assistant in Oriental Insurance Company.

7. The grounds sufficient to constitute cruelty so as to entitle the appellant/husband to seek divorce under Section 13(1)(ia) Hindu Marriage Act, 1955 as pleaded in the divorce petition are:

(i) Though the appellant/husband was providing all the facilities, love and affection to his wife and family, the respondent/wife was ill tempered and used to abuse, misbehave with him and his parents. She was also not taking proper care of the child.

(ii) The respondent/wife used to be instigated by her elder sister Shikha Sharma and her husband Anil Sharma and they succeeded in brain washing the appellant/husband to the extent that he got separated from his family and also made a false complaint against his parents at the instance of his wife, her sister and brother-in-law.

(iii) The respondent/wife took away all the FDRs, NSCs and disposed of immovable properties purchased by him in the name of his wife and even took Rs.60,000/- from his parents for vacating the house. All the amount so taken by her were given by her to her siste