( HONOURABLE MR.JUSTICE RAJESH H.SHUKLA)

1. The present Appeal has been preferred by the Appellant Original Defendant â wife ('Appellant wife'), challenging the impugned judgment and order passed by the Family Court in Family Suit No. 329 of 2000 dated 18th March 2002, allowing the petition for divorce filed by the Respondent a Original Petitioner a husband ('Respondent husband'), for dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of The Hindu Marriage Act, 1955.

2. The facts of the case briefly stated are;

2.1 The marriage between the Respondent husband and the Appellant wife was solemnized on 21.5.1995 as per Hindu Rites and Rituals. After marriage, they started living together as husband and wife, and a daughter was born out of the wedlock. Thereafter, the quarrel started, and the wife left the matrimonial house. Some efforts were made thereafter for reconciliation, but resulted in failure. Therefore, the Respondent â husband filed Family Suit No. 329 of 2000 seeking dissolution of marriage on the grounds set out in detail in Family Suit No.329 of 2000 inter alia that the Appellant wife deserted the Respondent husband without any reason or the cause. It is also averred that the Respondent husband was having a job at Vadodara and he used to do up-down. However, the Appellant â wife, instead of adjusting, started quarrel and also insulted and misbehaved with the Respondent husband and his family members. It is also averred that the Appellant â wife had gone to her parental house many a times without informing the Respondent husband and after a lot of persuasion, the Appellant wife used to return to the matrimonial house, but the attitude never changed. It was also averred that he suffered such an attitude with a view to save the marriage and also for the welfare of the daughter. However, the Appellant wife used to threaten the Respondent husband and his family members that she will commit suicide and send them to the jail. It is also averred that the Respondent husband was having a job in GSFC, at Vadodara, during which he used to do up-down and stayed at Ahmedabad with the parents and the Appellant wife. Thereafter, the quarter was allotted and the Appellant wife desired to stay with the Respondent husband at Vadodara and not in the joint family with the parents.

2.2 The Appellant wife had also filed the written statement (exh,.7) contending inter alia that the false allegations are made against her. It was also denied by the Appellant wife that she had ever insisted to live separately from her in-laws. It was also contended that, during her pregnancy period, because of her ill-health, she was advised to take rest by the doctor, even then she lived with her in-laws and fulfilled the obligations as a daughter-in-law. It is also contended that after the delivery, the Respondent husband never turned to see her and the new born baby. It is also contended that she was ready and willing to live with the Respondent husband, but the Respondent husband was not ready and willing to bring her back. It is also contended that the Respondent husband had not taken any care to maintain her and her daughter and they were neglected by the Respondent husband. It is also contended that even at the time of filing of the written statement, she was ready and willing to live with the Respondent husband.

2.3 Originally, the family suit was filed in the Court of learned Civil Judge (SD), Ahmedabad Rural, at Mirzapur. However, on establishment of the family court, the matter was transferred to the family court, and therefore, the learned Presiding Judge of the family court received the papers when the recording of evidence had started. However, the learned Presiding Judge of the family court had also tried to bring about an amicable settlement between the parties, but the efforts had failed, and therefore, the family court proceeded with the suit and framed the issues, and ultimately, on appreciation of the evidence