The judgment emphasizes the application of the concept of cruelty in matrimonial disputes, considering mental and physical cruelty and the societal norms and conditions of the parties involved.

JUDGMENT :

(N.V. Anjaria, J.)

Heard learned advocate Mr. Ekrama Qureshi for the appellant and learned advocate Mr. Nishith Acharya for the respondent at length

2. The present appeal under Section 96 of the Code of Civil Procedure, 1908, read with section 28 of the Hindu Marriage Act, 1955, preferred by the appellant-husband is directed against judgment and decree dated 20.11.2019 passed by learned Principal Judge, Family Court, Amreli, whereby the Court below granted the prayer of the respondent wife for dissolution of marriage between the parties, deciding the Family Suit No. 66 of 2017 accordingly.

3. The said suit was instituted by the applicant plaintiff-wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') pleading inter alia that the plaintiff-respondent herein had contracted civil marriage with defendant-appellant herein. The parties are addressed as per their original status in the suit as plaintiff-wife and defendant-husband.

3.1 On 04.08.2018, the marriage between the parties was registered by the competent authority at village Chakkargadh of the Amreli District. It was the case of the plaintiff that after one month, the plaintiff-wife had gone to stay at matrimonial house at Bhavnagar in joint family. Before the marriage, the plaintiff had been studying Civil Engineering at Amreli and was in third year of the course. The respondent-defendant was a teacher in the college and used to take classes where the plaintiff also used to study. It was averred by the plaintiff that the defendant was in habit of telling her that she should secure double 'A' grade in the subject in which the defendant was teacher and if such result was not secured, the plaintiff will have to succumb to the wishes of the defendant.

3.1.1 It was the case that defendant obtained the mobile number of the plaintiff and wanted her to maintain a relationship as friend. It was averred that the defendant used to convey and tell to the plaintiff while in college that the relationship of teacher and pupil was to be upto 6.00 PM only whereafter, both had to behave as friends. The defendant had been been pressing the plaintiff, it was further stated, to contract marriage with him. The defendant was already married and had two children out of the first wedlock. He used to tell, averred the plaintiff in the plaint, that if the plaintiff married with him, his children would get the love of a mother.

3.1.2 The plaintiff averred stated that she was of very young age and was unwilling to marry against the wish of her parents. However, the defendant behaved to blackmail her and used to give threats to commit suicide. He even once attempted suicide. The plaintiff stated that out of fear, pressure and coercion, she was forced to go for civil marriage. It was alleged that the defendant had obtained signature of the plaintiff in the marriage application form, etc. and thus contracted marriage.

3.1.3 It was further the say of the plaintiff wife that after marriage, she was initially given proper treatment, however, after some time, the respondent started taunting her and commenting on her for small issues upon instigation of his mother and father. It was in respect of cooking work and household work. The in-laws and the appellant also used to tell the plaintiff to bring share of property from the parental house and demanded Rs.5 lakhs towards making of furniture. It was averred that since the plaintiff refused, she was driven out from the matrimonial home.

3.1.4 The plaintiff stated that she stayed at her parental house thereafter for some time. The defendant came back and took the plaintiff wife the Bhavnagar. The plaintiff wife became pregnant for three times. However, she was forced to go for abortion by husband and in-laws against her wish. It was the case of the plaintiff that she was treated like a maid.

3.1.5 It was stated that prior to marriage, promise was given to her that the husband would allow her to complete her studies, however