Irretrievable breakdown of marriage can be recognized as a ground for divorce under the Hindu Marriage Act, 1955, if it is established that the marriage is beyond repair and there is no chance of reconciliation.

1. - Aggrieved of the judgment dated 18-11-2011 passed by the District Judge Sikar (hereinafter 'the trial court') dismissing applicant-appellant's (hereinafter 'the applicant') divorce petition under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter 'the 1955 Act') this appeal under Section 28 of the 1955 Act has been filed.

2. The facts of the case are that the applicant and the respondent-non applicant (hereinafter 'the non applicant') were married at Chirawa on 21-2-2002. It is the case of the applicant that three months subsequent to the marriage the non applicant insisted on a separate kitchen in an otherwise joint family/household. This was so done and the applicant and the non applicant shifting to the first floor of the parental house. According to the applicant this did not satisfy the non applicant and she began nagging him about the purported lack of culture in Sikar and insisting upon the applicant selling his share of joint family property and shifting to Dibrugarh (Assam) where the non applicant's father had an ongoing business. During this period a daughter was born to the married couple on 7-3-2003. According to the applicant his reluctance to accept the non applicant's demand of leaving Chirawa entailed a gradual unwinding of the marriage. Soon after the Holi of March, 2004 the non applicant without just cause left her matrimonial home and begun to reside at her parental house first in Suhasada (Haryana) and thereafter in Dibrugarh (Assam). The applicant went to fetch the wife and returned with her to Sikar on or about 11-4-2005. It was stated that however in spite of her return to Sikar, the non applicant could not reconcile herself to stay with the applicant and his family. She once again left her matrimonial home on 1-7-2005 along with the minor daughter. Matters between the couple thereafter deteriorated, consequent to which FIR No.151/2005 for the offences under Sections 406 and 498A IPC was lodged at Police Station Chirawa against the applicant, his parents, brothers and sister-in-law i.e. Vishvanath, Smt. Narbada Devi, Pramod Kumar, Smt. Nirupama Devi, Manoj Kumar and Mukesh Kumar. Further alleging that the non applicant and her father were threatened with their lives having lodged the FIR, a criminal complaint was also lodged by the non applicant and her father under Section 107/116 Cr.P.C. before the ADM Chirawa. Proceedings were also taken against the applicant and his family before the Women's Commission Jaipur inter alia alleging that Sikar police was under the influence of the applicant and apart from lethargic investigation into FIR No.151/2005 the accused applicant's parents, brothers and sister-in-law viz. Smt. Nirupama Devi, Manoj Kumar and Mukesh Kumar were not being challaned for the offence under section 307 IPC in spite of specific allegation on that count. Thereon the applicant and his parents were summoned. Stating that the conduct of the non applicant amounted to desertion and mental cruelty a divorce petition was filed by the applicant praying that the application for divorce be allowed and the marriage be dissolved.

3. On service of notice on the divorce petition, the non applicant appeared and denied the facts alleged. It was stated that matrimonial relations between the non applicant and the applicant sustained till June 2005 when owing to threat to the non applicant's life owing to her refusal to pledge her jewellery against a loan for the applicant's business the non applicant was constrained to leave her matrimonial home with intervention of the Chirawa Police following her father's phone call who had in turn been earlier telephonically informed by the non applicant herself of the intolerable situation in her matrimonial home. It was alleged that the applicant, his parents, brothers and sister-in-law were constantly harassing the non applicant with demands of dowry/ unlawful demands for property and are guilty of criminal breach of trust qua the non applicant's s