Allegations of cruelty and extramarital affair must be substantiated by credible evidence for a divorce to be granted under the Hindu Marriage Act.

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 28.01.2020 and Decree dated 14.02.2020 passed by the learned Principal Judge, Family Court, Giridih in Original Suit No.101 of 2014, whereby and whereunder, the petition filed under Section 13(1)(i) & (i-a) of the Hindu Marriage Act, 1955 by the plaintiff (appellant herein) seeking a decree of divorce against his wife (respondent herein), has been dismissed.

Factual Matrix

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

The appellant/plaintiff and respondent/defendant No.1 are legally married husband and wife and their marriage has been solemnized in 11th November, 2008 as per Hindu rites and customs in a simple ceremony and they were blessed with two daughters namely Ritika aged about 5 years and Kabya aged about six months.

It has further been stated that defendant No.-1 is a lady of easy virtue from very beginning and she is maintaining illicit promiscuous relationship with another man even after her marriage with the plaintiff and this fact came into the knowledge of the plaintiff since the day of his marriage reception party on 30.11.2008, when the plaintiff went outside to see of some guests, a person who was previously known to the defendant No.-1 took her in his lap and walked up to the room of the newlywed couple in front of many ladies guests of the family of the plaintiff and at that time, the defendant did not object nor shown any sign of displeasure towards the act of that person and for the sake of maintaining respect of the family of the plaintiff/appellant could not raise much objection.

It has further been alleged that from that day of 30.11.2008, the defendant No.-1 Rajni Lal always remained in contact with her aforesaid boyfriend on regular basis either through Mobile phone or through occasional physical contact.

It has further been alleged that in March 2009 when the plaintiff had gone outside Giridih for some business work and when he returned at about 10.00 pm in the night, he found the aforesaid boyfriend with his wife in his bed and the plaintiff/appellant lost his temper and started slapping and abusing the aforesaid boyfriend who somehow managed to flee away from the place.

After the aforesaid occurrence, the defendant No.-1 remained silent for some weeks and thereafter again established her usual relationship with her aforesaid boyfriend.

It has further been alleged that plaintiff in order to break the relationship of the defendant no-1 with her boyfriend, seized her mobile phone, thereafter getting very much disturbed, Rajni tried to commit suicide by cutting her wrist vain, but due to timely arrival of the plaintiff, her life was saved on that day.

It has further been alleged that defendant was saying openly that she cannot survive without her boyfriend and if she is not allowed to meet her boyfriend, she will commit suicide.

It has further been alleged that on 31.08.2009 a female child was born and plaintiff believes that the aforesaid daughter Ritika is not his daughter as because, the plaintiff had no physical contact with his wife during the period aforesaid child was conceived. This fact can be duly ascertained through DNA test.

It has further been alleged that the behaviour of the defendant No.-1 continued as usual and in April