The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.

JUDGMENT :

(Sujit Narayan Prasad, J.)

1. The instant appeal under Section 19(1) of the FAMILY COURTS ACT , 1984 is directed against the order/judgment dated 19.06.2024 (decree signed on 01.07.2024) passed by the learned Addl. Principal Judge, Addl. Family Court No.II, Dhanbad in Original Suit No. 105 of 2023, whereby and whereunder, the petition filed by the petitioner-husband (respondent herein) under Section 13(1)(i-a)(i-b) of the HINDU MARRIAGE ACT , 1955 seeking a decree of divorce on the ground of cruelty and desertion, has been allowed.

2. The brief facts of the case leading to filing of the divorce petition by the petitioner-husband (respondent herein), needs to be referred herein as under:

The case in brief as per petition filed by the petitioner-husband (respondent herein) before the learned Family Judge is that marriage between the parties were solemnized on 27-02-2004, according to Hindu rites and customs. After the marriage both the petitioner-husband and respondent-wife was living together as husband and wife at New Bishunpur, Dhanbad. Out of wedlock, the couple was blessed with two children.

The petitioner-husband (respondent herein) always tried his level best to maintain the respondent-wife and minor children with full dignity and honour. On the other hand, the respondent-wife always creating nuisance, trouble and tortured the petitioner and old aged mother of the petitioner and deserted the petitioner.

It is further stated that the respondent-wife (appellant herein) went away to her maika without any reasonable excuse in year, 2012 and the petitioner several times requested the respondent-wife and her parents to took bidai, but, the respondent-wife did not ready to lead her conjugal life with the petitioner.

It has further been stated that the petitioner-husband has filed a case under Section 9 of the HINDU MARRIAGE ACT for restitution of conjugal right vide O.S. Case No.738/14 against his wife. The respondent appeared before the court and court has referred the case in Lok Adalat for conciliation and the matter has been succeeded and court has directed to respondent to lead happy conjugal life with the petitioner. The respondent- wife always tortured the petitioner-husband and his old aged mother and deserted the petitioner-husband but the petitioner-husband (respondent herein) tolerated all the acts of the respondent only to live happy life and future of the children.

It has further been stated that in the month of March, 2019 the respondent-wife went away to her maika without any reasonable excuse and the respondent-wife (appellant herein) performed second marriage with one Deepak Yadav.

Cause of action for the present case arose on 27-02-2004 when the marriage of the petitioner-husband and the respondent-wife (appellant herein) was performed and in month of March, 2019, when the respondent-wife left the house of the petitioner-husband and performed second marriage with Deepak Yadav in the month of August, 2019.

After issuance of process, the opposite party appeared before the court and filed show-cause, in which, it has been stated that the respondent is the legally married wife of the petitioner whose marriage was solemnized on 27-02-2004 according to the Hindu Rites and customs and since then, they are living their conjugal life happily as husband and wife. Out of the wedlock there are two children.

It has further been stated that the respondent-wife denied all the allegation made in the petition of the petitioner-husband (respondent herein). The petitioner has falsely made allegation that the respondent has married to Deepak Yadav despite the fact that actually Deepak Yadav is the brother-in-law (Bahn