The sustained attitude of causing humiliation and calculated torture by one spouse leading to deep anguish, disappointment, and frustration in the other spouse can establish mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

1. By Court Heard learned counsel for the parties.

2. Wife is the appellant aggrieved by the judgment dated 20th December, 2016, decree dated 4th January, 2017, passed in Title Matrimonial Suit No. 120 of 2013 by the learned Additional Principal Judge, Additional Family Court, Dhanbad where under the suit instituted by the respondent-husband herein for dissolution of marriage on grounds of cruelty in terms of Section 13(1) (i-a) of Hindu Marriage Act, 1955 has been decreed.

3. Plaintiff husband pleaded before the learned Family Court that marriage with the respondent was solemnized on 08th July, 2010 as per Hindu rites and customs. The defendant stayed in her matrimonial home for 2-3 days, where after, her parents came and took her back. Her behavior was cruel and lacking in love and affection right from the beginning. On the very first night she abused the plaintiff with filthy language, she repeated the same 3-4 times later also. She appeared to be an illiterate having no regard for sentiments, love and respect for the plaintiff. She abused his mother also. He went along with the cousin of the respondent Deepti Pandey (Deepa) to his in-laws' house to air his grievances before her parents and also tried to resolve the dispute but in vain. Defendant threatened him with dire consequences. During that period Deepa and Gourav Pandey, younger brother of the defendant, were also present beside the room and had listened the whole matter. On 25th October, 2012, plaintiff along with his father and elder brother went to the paternal house of the defendant to narrate the entire traumatic incidents to her parents and other family members where she accepted the entire allegation in their presence but when they were asked to bring her back again to clarify the matter they denied to bring her. On 24th January, 2014 her father and other family members of defendant came to the house of plaintiff to settle the matter and continue with the marriage but it was not possible for him as he was very stressed. He was undergoing a feeling of stress and that there were no chances of restitution of his peaceful matrimonial life. As such he had to seek dissolution of marriage through the instant suit.

4. The defendant in her written-statement contended that the suit was not maintainable. She stated that she had gone to her matrimonial home for a period of 2 or 3 days. Allegations against her were refuted as false, baseless and concocted. She denied any cruelty being inflicted by her upon the plaintiff. She alleged that he was harassing her and not taking her to the matrimonial home as a result she had suffered mentally and physically. She also stated that plaintiff had never approached him for restitution of conjugal rights and that she was ready to live with the plaintiff as a faithful wife. Allegations of cruelty were denied as false and baseless. Based on the rival pleading of the parties the following issues were framed for adjudication by the learned Family Court:

1. Whether the suit as framed is maintainable ?

2. Whether the plaintiff has got a valid cause of action for the suit ?

3. Whether the marriage of the plaintiff and defendant is fit to be dissolved on the ground of cruelty ?

4. What other relief or relief’s the plaintiff is entitled ?

5. Plaintiff examined himself as P.W.1 and his father P.W.2 Gyan Chandra Pandey to support his case. The following documentary evidence were also evidenced in support by him.

Exhibit 1	C.C. of order of Misc. Case No.2876/12
Exhibit 2	CC of plaint of Misc. Case No.2876/12
Exhibit 3	CC of FIR of Chandan (Banka) P.S. Case No.76/15 G.R. Case No.1560/15.
Exhibit 4	System generated statement of payment of loan of HDFC Bank, Dhanbad
Exhibit 5	Order of Hon'ble High Court, Patna passed in Cr. Misc. Case No.7056 of 2016
Exhibit