For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.

JUDGMENT :

1. This appeal has been filed under Section 19 (1) of the Family Courts Act and has been directed against the judgment and decree dated 20.07.2024 (decree signed on 03.08.2024) passed by learned Principal Judge, Family Court, Jamshedpur in Original Suit No.184 of 2023 whereby and whereunder the application filed for dissolution of marriage on the ground of cruelty and desertion has been rejected.

Factual Matrix

2. The brief facts of the case as per the pleading made as has been incorporated in the impugned judgment reads as under:-

(i) The suit had been filed by the appellant-husband against the respondent-wife for dissolution of marriage by a decree of divorce under the Hindu Marriage Act, on the grounds of cruelty and desertion.

(ii) The appellant and the respondent were legally married on 13^th August 2006 at Purulia, West Bengal, according to Hindu Rites and Customs. No child was born out of this wedlock. The appellant had a previous marriage with one R.V. Ratnam, who passed away in 2002, and he has a daughter named Rakhi Priya Karnam from that marriage.

(iii) After their marriage, the respondent frequently left the matrimonial home for extended periods, often without valid reasons, and stayed at her parental home in Purulia for months. She showed little interest in household responsibilities and failed to take care of the appellant even when he was suffering from back pain. The respondent also mistreated the appellant’s daughter, especially during her pregnancy, and refused to provide any help or support. There are allegations of theft of money and jewellery from the house and incidents of public humiliation due to her suspected shoplifting.

(iv) The respondent-wife neglected the appellant-husband, failed to provide food regularly, and cooked poorly, which led to the appellant developing health problems. Her repeated acts of mental cruelty caused severe trauma to the appellant, who is now undergoing psychiatric treatment. She and her brother also allegedly threatened the appellant, and even attempted to lodge false complaints against him with the police.

(v) Since February 2021, the respondent has been living in a separate room without any marital communication or relationship with the petitioner, amounting to willful desertion. The petitioner states that it is no longer possible to live with the respondent under the same roof and therefore seeks a decree of divorce. There is no collusion between the parties, and no other proceeding under the Hindu Marriage Act is pending between them.

3. The husband, the appellant herein, had preferred an application for dissolution of marriage on the ground of cruelty and desertion. The case had been instituted and thereafter the notice was issued to the respondent-wife. The written statement was filed on behalf of the wife. Thereafter following issues have been framed: -

(i) Whether the suit is maintainable in its present form?

(ii) Whether the petitioner has valid cause of action for the suit?

(iii) Whether the respondent has treated the petitioner with cruelty after the solemnization of marriage?

(iv) Whether the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of this petition?

(v) Whether the petitioner is entitled for any other relief or relief as claimed in the suit?

4. The parties have been directed to adduce their evidence on their behalf the same is being referred herein:

PW-1, K. Jagannath Rao (husband/appellant herein) in his chief examination reiterated the facts as mentioned by him in the plaint. During cross-examination he explai