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

2. The appellant husband is aggrieved by the Judgment and Decree dated 10.4.2012 passed by the learned Principal Judge, Family Court, Pakur, in Matrimonial (Divorce) Suit No. 04 of 2009, whereby, the suit filed by the husband under Section 13 (1) (i-a) of the Hindu Marriage Act, for dissolving the marriage between the parties by a decree of divorce on the ground of cruelty, has been dismissed by the Court below.

3. It may be stated that during the pendency of this appeal in this Court, an effort of mediation between the parties was taken for amicable settlement of their matrimonial dispute, but the effort has failed. As such, we have heard this appeal on merits.

4. According to the appellant's case, the marriage between the parties was solemnized on 15.2.20107 in accordance with Hindu rites and customs at parents' place of the respondent wife at Arah in the State of Bihar. A son was born out of the wedlock, but he died soon thereafter. Both the parties came to Debinagar within the district of Pakur, at their matrimonial home, and thereafter they went to Delhi where they were living together as husband and wife. According to the appellant's case, during the stay of wife at Delhi, the appellant felt that the respondent wife was not giving proper love to him and she gave more importance to her sister's husband living in Assam, and she always used to talk about him. She was arrogant by nature and tried to humiliate her husband. It is also alleged that without information to her husband, the wife had also gone to Assam where her sister was living with her husband and lived there for some time. It is also the case of the appellant that on 23.9.2007 the appellant had met with an accident at Delhi and he was admitted at hospital, but the respondent wife went back to Arah, staying there for about 8 to 9 days only, and she came back in the month of November 2007. It is also alleged that the respondent wife had stated that she was against this marriage as she was in love with someone else. The appellant has also alleged that the respondent had also tried to commit suicide as she was not allowed to go to Assam. In May 2008, both the parties again came to Debinagar in the district of Pakur, for attending the marriage of the younger brother of the husband and thereafter, the respondent went to her parents place severing all her relationship with him. Thus, it is stated that the respondent is living separately from the appellant since the month of May 2008 and accordingly, the suit for a decree of divorce was filed.

5. Upon notice, the respondent wife appeared in the Court below and fled her written statement, in which all the allegations were denied. The marriage between the parties and the birth of a son were admitted and it is alleged that the son died due to the behavior of the husband. The respondent wife has also denied the allegations of any cruelty by her and she has also stated that she had all love and affection for her husband and even when her husband met with an accident, she had served him with proper care and attention. On the other hand it is the case of the respondent wife that, the husband was treating her with cruelty and torture for demand of dowry, which could not be met by her father and he had also taken her obscene photographs, threatening her to circulate it amongst her parents and villagers. It is also alleged that while staying at Delhi, she was given some intoxicating material at a Hotel in a soft drink.

6. On the basis of the pleadings of the parties, issues were framed by the Court below, including the issue whether in the facts of the case the appellant husband was entitled to a decree of divorce. In the Court below, four witnesses were examined on behalf of the appellant husband. The husband examined himself as P.W.1. Two other witnesses were his friends from Delhi and Gaziabad, who were only the hearsay witnesses and had no pers