The court found that allegations of cruelty must be substantiated with corroborative evidence, and in this case, the appellant failed to prove such claims, leading to the dismissal of the divorce suit.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Section 19 (1) of the Family Court Act, 1984 is directed against the order/judgment dated 21^st November, 2022 decree signed on 30^th November, 2022 passed by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad in Original Suit No. 760 of 2018, whereby and whereunder, the suit filed under Section 13 of the Hindu Marriage Act, 1955 seeking a decree of divorce by the appellant-husband against the respondent-wife, has been dismissed.

Brief facts of the case:

2. The brief facts of the case, as taken note in the impugned order, needs to be referred herein, which reads as under:

3. The case of appellant-husband, in brief, is that the appellant has solemnized marriage with the respondent on 24-06-2012 at Katras, Dhanbad, according with Hindu Rites and Customs. After the marriage both the appellant and respondent had been living together as wife and husband at Babudih, Dhanbad. However, out of the wedlock, the couple has no child.

4. It is alleged that after marriage the respondent used to regularly fight with the appellant-husband‟s mother and father, which caused mental pressure upon them and for that the appellant‟s father had to undergo By-pass surgery in 2015. After that from 21-11-2022 the appellant-husband brought the respondent to Bekarbandh, Dhanbad and started living with her. But after few days the respondent-wife started fighting and abusing with the appellant.

5. It is further stated that the respondent used to scream and shout at the appellant and behaved very rudely and she did not like the appellant and she has no cordial relations with his parents and other family members. The respondent used to abuse the appellant and his family members specially his old mother with filthy languages. This caused immense mental agony and pain to the appellant time and over.

6. It is stated that this act of the respondent amounts to cruelty and the reasonable apprehension that cohabitation with the respondent of the plaintiff would be harmful and injurious.

7. It is further stated that the appellant has till date on several occasion accommodated the respondent and given her several opportunities to improve her behavior but the respondent is turning violent and unbearable towards the appellant. The appellant thought that the respondent needs time to settle in the marriage and accommodate her to the best of his capability but the respondent started torturing the appellant physically and mentally and tried to dove the appellant to lose his mental status or commit suicide.

8. In the aforesaid backdrop, the plaintiff-appellant prayed to pass an order for dissolution of marriage by way of a decree of divorce, on the grounds, as stated above.

9. Respondent appeared and contested the suit by filing the written statement wherein she has stated that the instant suit for grant of a decree of divorce filed by the petitioner- appellant is not legally maintainable either in facts or in law.

10. It is stated that after marriage both parties started living at Dhanbad as husband and wife. It is true that the couple is issueless but due to negligence of the appellant. It is further stated that it is totally false to say that prior to the marriage the petitioner-appellant has narrated entire facts and his family affair before the respondent as alleged but on the other hand at that point of time the appellant and his parents have concealed lot of fact about his nature. It is further stated that it is not out of place to mention here that as p