Fraudulent misrepresentation regarding educational qualifications did not warrant divorce as evidence was insufficient to prove claims of cruelty or desertion.

JUDGMENT :

Sujit Narayan Prasad, J

Prayer:

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 08.10.2021 and decree dated 20.10.2021 passed by the learned Principal Judge, Family Court, Hazaribag in Original Suit No. 70 of 2014, whereby and whereunder, the suit filed by the plaintiff (appellant herein) seeking a decree of divorce against his wife (respondent herein), has been dismissed.

Factual Aspect

2. The brief facts of the case, leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order as emanated from the plaint, needs to be referred herein, which reads as under:

3. The marriage between the appellant and respondent was solemnized on 12.02.2013 at Katras according to Hindu Rites and Customs. After the marriage, both the petitioner and the respondent came to Hazaribag and live together as husband and wife. The marriage was registered on 18.02.2013 at District Sub-Registrar, Hazaribag. The couple has no children.

4. It is further stated that was an arrange marriage. The father of the respondent approached the parents of the petitioner through the maternal Uncle Swarup Trigunait @Tulla and gave the Photographs, Bio-data and Kundli of the respondent for marriage with the petitioner. They also impressed upon the petitioner parents that the respondent is qualified upto MBA from FMS Banaras Hindu University and was employed as Manager in Citi Bank at Mumbai.

5. It is further stated that on 22.06.2012 parents of both the parties met at Dhanbad where the respondent was interviewed by the petitioner and his parents in presence of her parents and they all repeated that she did MBA from BHU and she is serving as Manager in Citi Bank at Mumbai. Further the respondent and her parents submitted that after the marriage she will get herself transferred to CITI Bank, Singapore where the petitioner is working. In August, 2012 on the day of Raksha Bandhan, the father of the respondent Nawal Kishore Trigunait came to Hazaribag alongwith Sri Arup Trigunait @ Dablu and Swarup Trigunait @ Tulla for final settlement of marriage of respondent with the petitioner which after discussion settled for 12.02.2013 and the engagement of which was performed on 06.02.2013 and Tilak Ceremony on 07.02.2013 and accordingly the marriage was performed on 12.02.2013 at Rajasthani Dharamshala, Katras, District Dhanbad.

6. It is further stated that at the time of registration of marriage at District Sub-Registrar, Hazaribag the respondent said that her Passport is lost somewhere. The petitioner was scheduled to go to his work in Singapore on 24.02.2013 and accordingly on 22.02.2013 the petitioner left for Mumbai and from there on 24.02.2013 he left for Singapore. It was arranged that the petitioner would send money in the account