The court found that the allegations of adultery were unproven, while cruelty based on behavior was insufficiently substantiated; the judgment was thus overturned for lack of adequate evidence.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 27.01.2020 and Decree dated 01.02.2020 passed by the learned Additional Principal Judge, Family Court, Jamshedpur in Original (Matrimonial) Suit No.582 of 2016, whereby and whereunder, the petition filed under Section 13(1)(i) & (i-a) of the HINDU MARRIAGE ACT , 1955 by the respondent/plaintiff seeking a decree of divorce against his wife (appellant herein), has been allowed.

Factual Matrix

2. The brief facts of the case leading to filing of the divorce petition by the respondent/ plaintiff needs to be referred herein as under:

The case of plaintiff, in brief, is that plaintiff is legally married husband of defendant and their marriage was solemnized on 03.12.1992 according to Hindu rites and custom at H6/25, 0.C. Road, South Park, Bistupur, Jamshedpur and after marriage defendant went in her in-laws house at Flat No. A/37, Kadma Workers Flat, Jamshedpur.

After one and half year, they were blessed with a daughter and thereafter attitude of defendant changed against the plaintiff and his parents and she started creating problems everyday in his house because she never wanted to live with the parents and family members of the plaintiff rather she wanted to live with her husband and daughter separately and for peaceful life, plaintiff agreed for the same and he along with defendant and daughter shifted in a rented house at Sonari and started living there, thereafter in Farm Area Kadma and after allotment of quarter no. H6/25, 0.C. Road, South Park, P. O & P.S. Bistupur, Jamshedpur, in the year 2000, where, defendant is residing.

The further case of plaintiff is that in that quarter family members of defendant were also living and in the year 2003 the father of defendant purchased a house situated at Rajendra Nagar, Near Sal Maidan, Ulidih, Mango and shifted there, thereafter defendant became very arrogant and started misbehaving, ignoring the plaintiff and her daughter. She demanded full payment in her hand with a view to fulfill her unnecessary desire and high living standard and while the plaintiff refused to pay such money to the defendant, in the year 2005 on occasion of Holi, when he came home two hours before, after taking Gate Pass from his duty, he caught the defendant with a boy, who was her lover red handed and then informed her parents and when plaintiff tried to get identity from the boy, the defendant fled away from the back door of the house, to her parents house and she filed first time complaint application in C.D.S.W. Department of Tata Steel making allegation for torturing and demanding T.V., Fridge etc. and after enquiry, the allegation was found to be false and same was dismissed.

Thereafter on 13.05.2005 at about 6.30 P.M, plaintiff received a call on his mobile from mobile no. 9835381475 and the caller threatened him for dire consequences and false implication in a legal proceeding, then plaintiff filed an Information Petition bearing no. 138 of 2005 against the defendant, in the learned Court of C.J.M., Jamshedpur on 16.05.2005 hereafter, family members, relatives and friends of defendant reached to the house of plaintiff and requested to give one more chance and mother of defendant also requested then plaintiff and defendant lived together in the said quarter and blessed with a son in the year 2009. Thereafter, defendant again started ignoring plaintiff and did not make meal and other requirements for him, but the plaintiff ignored it for about six months and lastly he started living separately in a ro