Cruel behavior and desertion can justify the dissolution of marriage under the Hindu Marriage Act, leading to the award of permanent alimony.

JUDGMENT :

RONGON MUKHOPADHYAY, J.

1. Heard Mr. Awanish Ranjan Mishra, learned counsel for the appellant and Mr. Baibhaw Gahlot, learned counsel appearing for the respondent.

2. This appeal is directed against the judgment and decree dated 28-08-2019 (decree signed on 03-09-2019) passed by Sri Peeyush Kumar, learned Principal Judge, Family Court, Bokaro in Original Suit No. 94 of 2018 whereby and whereunder the suit preferred by the respondent/husband under Section 13(1)(ia)(ib)&(1-A)(ii) of the HINDU MARRIAGE ACT , 1955 has been allowed and the marriage between the appellant and the respondent has been dissolved, subject to payment of permanent alimony to the tune of Rs. 5 lakhs.

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 (respondent herein) had preferred a suit under Section 13(1)(ia)(ib)&(1-A)(ii) of the HINDU MARRIAGE ACT , 1955 for dissolution of his marriage with the respondent/wife (appellant herein) in which it has been stated that the marriage of the petitioner was solemnized with the respondent on 02-06-2013 at Police Line Colony, Near Nawabganj (Hazaribag) as per Hindu rites and customs and after marriage they started residing at Bihar Colony, Chas. Out of the said wedlock, a male child was born. It has been stated that the respondent did not want to reside at her matrimonial house and she always used to quarrel with the petitioner and his family members. The respondent is a lady of cruel nature and she used to leave her matrimonial house without the permission of the petitioner or her in- laws and when the petitioner objected, the respondent quarreled with him. The well wishers and relations of both the sides tried to settle the dispute, but the same did not yield any positive result. It has been stated that on 07-05-2015, the respondent left her matrimonial house along with her child and also took away cash and ornaments inspite of the objection raised by her in-laws. On 07-03-2016, the petitioner, his father and other respectable persons had sought permission from the parents of the respondent for vidai, but they refused. The petitioner had filed a suit for restitution of conjugal rights under Section 9 of the HINDU MARRIAGE ACT , 1955 being Original Suit No. 158/2016 which was disposed of on 19-01-2017 on the basis of a settlement, but the respondent did not return to her matrimonial house. The respondent has filed a criminal case being CP Case No. 1071/2016 which, on being forwarded to the Police Station, resulted in institution of Sadar P.S. Case No. 844/2016 but after investigation, F.R.T. was submitted by the Police. The respondent had also filed a matrimonial case being Matrimonial Case No. 76/2017 which was disposed of on the basis of a mediation on 15-12-2017 as it was decided that after kharmas the respondent would come back to her matrimonial house. However, the respondent refused to come back and resume her conjugal relationship with the petitioner. The respondent has continuously deserted the petitioner since 07-05- 2015 and inspite of making efforts to resume the marital ties, the respondent has shown her disinclination to continue with such relationship. The marriage is dead for all practical purposes and any attempt at a reconciliation would be futile.

5. The respondent, on being noticed, had appeared but despite several appearances she did not file a written statement and ultimately was debarred from filing written statement vide order dated 18-08-2018.

6. Based on the materials available on record, the following issues were framed for adjudication:

i. Whether the suit is maintainable in its pres