To establish cruelty under the Hindu Marriage Act, allegations must demonstrate serious misconduct affecting marital relations, not simply dissatisfaction. The burden of proof lies entirely on the petitioner.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Binod Kumar Dubey, learned counsel for the appellant and Mr. Prashant Kumar Srivastava, learned counsel for the respondent.

2. This appeal is directed against the judgment and decree dated 05-01-2023 (decree signed on 20-01-2023) passed by Sri Shambhu Lal Shaw, learned Principal Judge, Family Court, Hazaribag in Original Suit No. 120 of 2021 whereby and whereunder the suit preferred by the appellant for dissolution of his marriage with the respondent has been dismissed.

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

4. The petitioner/husband (appellant herein) had referred a suit under Section 13(1)(ia)(ib) of the HINDU MARRIAGE ACT , 1955 in which, inter alia, it has been stated that the marriage of the petitioner was solemnized with the respondent on 23-06-2010 at Gandhi School Road, Gas Godam Gali, Koderma as per Hindu rites and customs. Out of the said wedlock, a son was born who is mentally retarded and his treatment is going on in Vellore. It has been alleged that from the time of the marriage, the respondent had tried to disturb the petitioner in various ways and was always averse to reside in village surroundings. The petitioner has a house situated at Nawabganj in the town of Hazaribag constructed by his parents and on account of the pressure created by the respondent and with the permission of his parents, the petitioner shifted to the said residence along with the respondent. While staying at Hazaribag, the respondent used to make unlawful demands and the petitioner, who is unemployed and dependent upon his parents, was not in a position to fulfill such demands and the same resulted in continuous torture committed by the respondent upon the petitioner. The cruelty committed upon the petitioner was instigated by the parents and relatives of the respondent who used to frequent the house of the petitioner at Nawabganj. The respondent had also filed a case being Complaint Case No. 880/2018 in which the petitioner has been granted anticipatory bail subject to deposit of Rs.1,00,000/- in favour of the respondent which he had duly complied. The respondent has also filed a case of maintenance in which the petitioner had appeared and filed his show cause. It has been stated that though the petitioner and the respondent reside under the same roof, but the respondent has not allowed the petitioner to establish physical relationship with her for the last three years. The respondent has deserted the petitioner and has only lust for money. The respondent has always put pressure upon the petitioner to sever all ties with his parents. Due to the act of cruelty of the respondent, it has become impossible for the petitioner to continue with his marital ties with the respondent.

5. Despite service of notice upon the respondent, she did not appear to contest the suit and hence the suit proceeded ex-parte.

6. Based on the materials available on record, the points for determination have been encompassed as follows:-

i. Whether the suit as framed is maintainable in its present form?

ii. Whether the petitioner and the respondent are legally married husband and wife?

iii. Whether the petitioner-husband was subjected to cruelty by respondent-wife?

iv. Whether the respondent-wife has deserted the petitioner-husband?

v. Whether the petitioner is entitled for relief of divorce on the ground of cruelty and desertion or any other relief/reliefs?

7. The petitioner has examined as many as four witnesses in support of his case:

P.W.1 Barun Kumar is the petitioner, who has stated that his marriage