IMPORTANT POINT
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marriage Act, 1955.

JUDGMENT

Suresh Kumar Kait, J. - The present appeal under Section 19 of the Family Courts Act, 1984 has been preferred by the appellant-husband against the impugned judgment dated 24.11.2022 passed by learned Family Court in HMA Petition No.1297/2022 whereby his petition seeking divorce from the respondent-wife under the provisions of Section 13(1)(ia) (ib) of the Hindu Marriage Act, 1955 has been dismissed.

2. The brief background of the case as spelt out in the present appeal, are that the marriage between the appellant and respondent was solemnised on 23.10.2015 as per Hindu rites and customs, however, no child was born out of said wedlock.

3. The appellant in his divorce petition before the learned Family Court has alleged that after their marriage, the respondent was welcomed with love and affection in their family, however, she never gave love, affection and respect to him and his parents instead she used filthy language and picked up unnecessary quarrels. Further submitted that the appellant has alleged that the respondent had gynaecological and internal stomach disease prior to her marriage which fact was not brought into the knowledge of appellant and his family. Even more, she had affairs with 2-3 boys. The appellant has alleged that whenever he confronted the respondent, she used abusive and filthy language against him and his family members.

4. The appellant alleged that the respondent was not willing to live in a joint family and accused his mother of interfering unnecessarily in their married life. According to appellant, he and his family members tried their level best to change respondent's behavior towards them, however, in the month of December, 2015, she left the matrimonial home with all her valuables and belongings

5. The appellant had further alleged that even after respondent left the matrimonial home, her father demanded Rs. 50 lacs by threatening the appellant and his family of roping in false cases. Having no ray of hope for his married life, the appellant preferred a petition seeking divorce on the ground of cruelty under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act, 1955.

6. The respondent was served by way of publication vide order dated 11.07.2022 and was later proceeded ex parte by the learned Family Court.

7. The appellant examined himself as PW-1 and his father as PW-2 in ex-parte evidence.

8. The learned Principal Judge, Family Court vide impugned judgment and decree dismissed his petition, holding as under:-

"31. Keeping in view the contents of the petition, it is clear that the petitioner, who is claiming to be the husband, has failed to furnish the details of any of the alleged instances to prove that the respondent, who is claimed to be the wife, has him with 'cruelty'. He has failed to give the details of the alleged instances of cruelty with sufficient particularity the time and places of the acts alleged including the dates, place, time, etc. as well whether or not such alleged acts of the respondent were witnessed by any person. The allegations levelled by the petitioner are too vague, unspecify and general due to which the same do not appear to be believable. There is not even one specific incident with date, time, place and details mentioned in the petition. The petitioner has not pleaded any incident with the required particulars. Although, the petitioner, in paragraph number 23 of the petition, has averred that he has not condoned the alleged acts of cruelty by the respondent but in fact, the petition reveals that he has averred that he tolerated the alleged cruelty by the respondent keeping in view of the future of married life and he was hoping that someday the respondent would mend herself or cruel ways and will treat the petitioner due love, affection and respect but no miracle took place and the respondent committed cruelties. The same indicates that he has condoned the alleged cruelty by the respondent.

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41. As regards the petition filed on the ground of desertion, althoug