The main legal point established in the judgment is the requirement to prove mental cruelty and desertion in accordance with the legal principles outlined in the Hindu Marriage Act, 1955, and relevant case law.

JUDGMENT :

Rongon Mukhopadhyay, J.

Heard Mr. A.K. Sahani, learned counsel for the appellant and Mr. S.K. Laik, learned counsel appearing for the respondent.

2. This appeal is directed against the judgment and decree dated 28.06.2019 (Decree signed on 11.07.2019) passed by Mrs. Kumari Ranjana Asthana, learned Addl. Principal Judge, Addl. Family Court, Dhanbad in Original Suit No. 667 of 2016, whereby and whereunder the suit preferred by the plaintiff (appellant herein) u/s 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 has been dismissed.

3. For the sake of convenience both the parties are referred to in this judgment as per their status in the learned court below.

4. The plaintiff (appellant herein) had filed a suit u/s 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 against the defendant (respondent herein) in which inter alia it has been stated that the marriage of the plaintiff was solemnized with the defendant on 11.05.2013 at Manaitand, Dhanbad as per Hindu rites and customs. After the marriage the plaintiff brought the defendant to his native village at Dhanbad and gave full love, affection and respect to the defendant and had always tried to keep her happy and fulfill her basic requirements. However, after a few days of marriage the defendant started pressurizing the plaintiff to cut off all relationship with his parents and other family members and when the plaintiff made an objection, he was threatened by the defendant of implicating him and his family members in some false criminal case. Efforts made by the plaintiff to convince her to forego such demand went in vain and ultimately on 19.03.2014 the defendant left her matrimonial house. The plaintiff went to his in-law’s place and stated about the conduct of the defendant but the family members of the defendant fully supported the action of the defendant and even threatened the plaintiff not to interfere in the personal life of the defendant. At the intervention of family friends, relatives and well wishers the defendant joined the company of the plaintiff in Delhi where she resided peacefully for a few days. Such peace was however short-lived as she once again reverted back to her misbehavior, taunts and insults aimed at the plaintiff. The defendant used to disclose that she is not happy with the marriage and such marriage was solemnized against her wishes by her parents. The defendant always used to follow the instructions of her parents and used to get unnecessarily involved in quarrels with the plaintiff. It has been stated that the defendant had also written down her desire not to stay with the petitioner which written paper is in possession of the plaintiff. It has been stated that the defendant always forced the plaintiff to take her for shopping thrice a week and dinner in some hotel and she refused to cook food. When the plaintiff expressed his inability to meet such expenses the defendant used to humiliate and taunt the plaintiff about his financial status. Due to such conduct of the defendant the plaintiff could not concentrate on his job and started remaining absent from his duty. In the meantime, the defendant again without the consent or permission of the plaintiff went to her parental house from where the father of the plaintiff brought her back on 14.05.2014 at Kusum Vihar and tried to make her understand the duties and responsibilities she should perform but the same fell on deaf ears. On 15.05.2014, in the evening when the mother-in-law of the defendant was busy in performing puja and other family members had gone outside the house the defendant without intimating anyone left the house at Kusum Vihar and when the parents of the plaintiff contacted the parents of the defendant, they came to know that the defendant has gone to her parents’ house. It has been stated that on 08.06.2014 the father of the plaintiff received a phone call from the uncle of the defendant namely Bhola Singh who had given a threat of finishing off the entire family and on account of s