The court ruled that claims of cruelty and desertion must be substantiated with credible evidence, emphasizing that allegations alone are insufficient for divorce under the Hindu Marriage Act.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

Prayer:

1. The instant appeal has been filed under Section 19(1) of the Family Court Act, 1984, challenging the legality and propriety of impugned judgment passed on 22.08.2022 and decree signed on 05.09.2022 by learned Principal Judge, Family Court, Chaibasa whereby and whereunder the Original Suit No. 32 of 2018 filed by the petitioner-appellant-husband under Section 13(1), (ia), (ib) & 26 of the Hindu Marriage Act, 1955 for a decree of divorce has been dismissed.

Factual Matrix

2. The brief facts of the case of the appellant-husband as narrated, is that the petitioner is working as Project Associate at IIT Delhi and the respondent is a house wife. The marriage between the petitioner and respondent was solemnized on 21.06.2010, according to Hindu customary rites and rituals, at Mahulpani, Itor, Chakradharpur and reception took place on 23.06.2010 at Lower Burdwan Compound, Ranchi.

3. After the marriage, the petitioner started living with his wife at Lower Burdwan Compound, P.S. Lalpur, Ranchi alongwith his old parents and last resided there as husband and wife and out of their wedlock one son was born on 23.11.2011 at Debuka Nursing Home, Ranchi, who is aged about 3 years 4 months.

4. After few months of the aforesaid marriage the respondent started giving undue pressure upon the petitioner to oust the old parents and his sister namely Munmun Paramanik and her son namely Soumen Paramanik.

5. To get her demand fulfilled the respondent started behaving in extremely rude and violent manner and regularly abused and insulted her in-laws in front of the petitioner. On the other hand, the parents of the petitioner treated the respondent as their child and daughter and did everything for her welfare including got her admitted in intermediate course at Bundu College, Bundu and did not ask her to perform domestic chores so that she can devote her time in studies but on the contrary she used to get annoyed and often abused them when they insisted her to study which she abhorred greatly. To avoid disturbance in her studies, the father-in-law of the respondent even performed menial domestic job like sweeping and wiping of floors of the house and on one such occasion on 18.10.2012 the respondent abused and kicked him and the tub of water while her father-in-law was wiping the floor of the room for asking her to go and study.

6. Amongst other acts of cruelty, the respondent also regularly threatened the petitioner that she shall commit suicide and put him and his family members behind bars if the petitioner does not abandon his parents and other members of the family for her sake and start living separately. Without any information and without any rhyme and reason all of a sudden on 25.10.2012 at about 11 A.M. the father of the respondent namely Sri Sunil Paramanik, her own brother named Kartal Paramanik, her cousin brother namely Haripada Paramanik and her two other relatives came to the residence of the petitioner and within 10 minutes took away the respondent who was already ready to leave and left the house of the petitioner alongwith the son aged only 11 months only. She also took with her all her belongings, articles, ornaments and 'stridhan' inspite of repeated requests by the petitioner and his family members not to leave in this way more so becau