To establish grounds for divorce under the Hindu Marriage Act, the conduct must amount to grave and weighty cruelty, which impacts the ability to continue marital life; ordinary disputes do not suffice.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

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 10.06.2024 and decree signed on 18.06.2024 passed by the learned Principal Judge, Family Court, Ranchi in Original Suit No. 778 of 2021, whereby and whereunder, the petition filed under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 seeking a decree of divorce by the appellant-husband against the respondent-wife, has been dismissed.

Factual Matrix:

2. The brief facts of the case of the appellant-husband as narrated in the plaint, is that the marriage between the parties was solemnized on 25.01.2019 according to Hindu rites and rituals at Dhanbad. After marriage the respondent came to her matrimonial home at Jhumritilaiya and lived there for about a week. But during stay the respondent did not follow the rituals and she had no regard and respect for the petitioner (appellant herein).

3. It has been stated that from 2nd to 7th February, 2019, they were on Darjeeling Trip, where the petitioner observed critical behaviour of the respondent. She constantly mentioned about her career sacrifices made due to marriage and she may not achieve job even after having high qualification and degree.

4. It is stated that petitioner observed peculiar behaviour of the respondent on the occasion of Holi Festival when she came to his home of Delhi on 13.03.2019 and she made an issue as why petitioner had applied colour on her face and she said to inform all these things to her family.

5. It is further stated that during her stay in Delhi the respondent abused the petitioner when he used to go and come from his office. She started arguing with him on petty matters and she used bad words for his sister who is settled in Delhi and she even opposed her visit to his house. The life of petitioner had become more miserable. The petitioner tried to convince the respondent but she did not pay any heed.

6. In the month of June, 2019 stone was detected in her Kidney. During treatment the petitioner received a phone call of his mother-in-law who scolded him that he is not taking care of her daughter properly and said to take her to Vellore for better treatment. On 24.06.2019 the petitioner returned back to his native place for joining his new job in Jharkhand Tourism at Brambe Ranchi. On the same day father-in-law without informing him came to his house at Jhumritelaiya and in front of his ailing mother along with his daughter started shouting on the mother of the petitioner as a result his mother got unconscious and after cursing him and his family members, they left for Budora, Dhanbad. Thereafter, the respondent has not returned to her matrimonial home for a long period of six months i.e. from 24.06.2019 to 11.12.2019.

7. On 26th June 2019 the petitioner joined his new assignment at IHM Brambe and he send Whatsapp message to the respondent but she did not respond. The petitioner also rang to his father-in-law but he started scolding him and used filthy languages and threatened to see him. It is further stated that on 29th September 2019 the petitioner and his elder brother went to the house of respondent and tried to settle the dispute and after long conversation, respondent came to Brambe with petitioner on 11.12.2019 but just after reaching Brambe she started reported minute to minute activity of his house to her parents.

8. It is stated that the behaviour of respondent did not change and she used to threat the petitioner with dire consequences and even with threat of death during hi