The main legal point established in the judgment is the evolving concept of 'cruelty' in matrimonial relationships and the court's discretion in determining mental cruelty and irretrievable breakdown of marriage.

JUDGMENT :

Shree Chandrashekhar, J.

The judgment in Original Suit No.243 of 2013 (in short, “Divorce Suit”) has been challenged by the husband of Sweta Kumari by filing the present First Appeal under section 19(1) of the Family Courts Act, 1984.

2. The Additional Family Court Judge at Ranchi has dismissed the aforementioned Divorce Suit instituted by Prahalad Prasad, the appellant, under section 27(1)(d) of the Special Marriage Act, 1954 for a decree of divorce by dissolution of his marriage solemnized with Sweta Kumari on 23rd June 2012 before the Marriage Registrar at Ranchi.

3. The appellant has pleaded that on 12th February 2012 his parents visited the house of the respondent and finalized his marriage with the girl who was shown to them by the parents of the respondent. But on 17th February 2012 a different girl was presented with whom the engagement ceremony was performed. According to him, he did not raise any objection at that time as many friends and relatives were invited on that occasion. Later on, when he started making enquiries the respondent and her parents threatened to implicate him and his family members in false criminal cases if he refused to marry the respondent. The appellant has further pleaded that to put pressure on him and his parents a false criminal case was lodged vide Doranda (Argora) PS Case No. 133 of 2012 on 25th March 2012 under section 3/4 of the Dowry Prohibition Act. Subsequently, a false allegation of attempt to rape under section 376/511 of the Indian Penal Code was added in the said case to put further pressure on him to agree for the marriage with the respondent. However, the charge under section 376/511 of the Indian Penal Code against him was quashed by the Jharkhand High Court by an order dated 9th May 2014 passed in Criminal Revision No. 123 of 2014. This order was challenged by the respondent before the Hon'ble Supreme Court by filing a Special Leave Petition which was dismissed on 25th July 2014. The criminal proceeding against his brother in the said case was also quashed by the Jharkhand High Court by an order dated 28th January 2015 passed in Criminal Revision No. 116 of 2014. In the meantime, the respondent gave another complaint to the police making allegation against him and his family members of demanding Rs.2.5 Lakhs as legal expenses and Rs.10 Lakhs as dowry on the basis of which Jagarnathpur (Pundag) PS Case No.293 of 2014 was registered under sections 498-A, 341, 323 and 504 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. In that case, after the investigation the police submitted Final Form but the respondent did not stop there and filed a protest petition which is still pending in the Court.

4. This is also pleaded by the appellant that after the marriage the respondent started quarreling with and abusing his parents and put pressure on him to live separately from them. On 29th July 2012 when he came back from Barh, the respondent started shouting at and abusing him in filthy language and again pressurized him to get separated from the parents. The appellant has further pleaded that the respondent threatened to implicate him in a case by attempting to commit suicide if he did not heed to her demands and agree to stay in the house of her parents at Ranchi. He therefore requested the parents of the respondent to reason with her. But, on the contrary, the mother and maternal uncle of the respondent came the next day and took the respondent with them along with all her belongings including her streedhan. The appellant has also made allegation that the respondent and her parents threatened him to pay Rs.15 Lakhs or to take VRS and claim his share in the property and start a business. On 27th August 2012, the respondent along with her parents, maternal uncle and 5-6 unknown persons forcibly entered his house, started abusing him and his family members a