Heard learned counsel for the appellant and learned counsel for the respondent.

2. At the very outset it may be stated that during the pendency of the appeal in this Court, efforts were made for amicable settlement of the dispute between the parties at the hands of the trained Mediator at JHALSA and the matter was referred for mediation. The report of the Mediator has been received in this Court which shows that in spite of his best efforts, the matrimonial dispute between them could not be amicably settled and the mediation failed. Hence, we have heard both the parties on the merits of this case.

3. The appellant husband is aggrieved by the Judgment and Decree dated 08th December, 2014, passed by the learned Principal Judge, Family Court, Garhwa, in M.M. Case No. 06 of 2013, whereby the Matrimonial Suit filed by the appellant husband in the Family Court, for dissolution of the marriage between the parties by a decree of divorce, alleging adultery and cruelty against the respondent wife, has been dismissed on contest by the Family Court.

4. The facts of this case lie in the short compass. The marriage between the parties and birth of a son out of wedlock are admitted facts in this case. Both the parties were married according to Hindu rites and customs on 20.6.2002 and they were blessed with a son out of wedlock, who was aged about 8 years at the time of filing of the suit in the year 2013.

5. It is alleged in the plaint filed by the petitioner husband that one Sunil Ram started visiting the house of petitioner to meet his wife, which was objected by the husband. A love letter allegedly written by the respondent wife was also found by the husband and upon questioning his wife, the wife stated that she was in love with Sunil Ram and he would marry him. Thereafter she did not allow the petitioner to have any physical contact with her. It is alleged that since the year 2008 the marriage had not been consummated between them and she withdrew from the society of the petitioner without any reasonable cause and left the matrimonial home. It is also stated in the plaint that in the year 2009 the petitioner went o his in-laws' place, by the order of the Court, for bringing her back, but on that occasion also Sunil Ram was present in the house and the petitioner was not allowed to enter the bedroom and the wife refused to come back with the husband. On 5th March, 2013, the petitioner husband again went to bring back his wife, but again he saw Sunil Ram present in the bedroom of his wife and he was abused in filthy languages and his wife refused to lead the matrimonial life with him. Alleging adultery and cruelty against the wife, the appellant filed the matrimonial suit in the Court below, praying for dissolution of marriage between the parties by a decree of divorce.

6. Upon notice, the respondent wife appeared in the Court below and filed her written statement, in which she denied the allegations made against her. It is the specific case of the respondent wife that Sunil Ram is none else but her own maternal uncle (Mama) and, accordingly, alleged allegations with him were also denied. It is the case of the respondent wife that she was being subjected to cruelty and torture for dowry by her husband and she had been ousted from the matrimonial home, taking her child away, for which she had also filed a criminal case, being Complaint Case No. 18 of 2009, against her husband for the offence under section 498-A of the Indian Penal Code, in which he was also convicted and sentenced.

7. The impugned Judgment shows that on the basis of the pleadings of the parties, issues were framed in the Court below, including the issues related to cruelty and adultery by the wife. Two witnesses were examined on behalf of appellant husband in the Court below, who are P.W.1 Chandra Shekhar Ram, the petitioner himself and P.W. 2 Sunil Ram. The petitioner has supported his case in his evidence and has also proved the letter allegedly written by the wife t