Grounds for divorce under Hindu Marriage Act must be substantiated by convincing evidence; mere allegations of cruelty or adultery without proof do not warrant decree of divorce.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 23.06.2023 (decree signed on 04.07.2023) passed by the learned Principal Judge, Family Court, Seraikella Kharsawan in Original Suit No. 55 of 2021, whereby and whereunder, the said Suit filed by the appellant-husband under the provisions of Sections 13(1), (i) & (i-a) of the Hindu Marriage Act, 1955against his wife has been dismissed.

2. The brief facts of the case as per the original matrimonial suit and the pleading made in the instant appeal needs to be referred hereinwhich reads under:

This suit had been filed by the appellant/petitioner for a decree of divorce mainly on the ground of cruelty against the respondent Shibani Mahato, under Section 13(1), (i) & (i-a) of Hindu Marriage Act, 1955. The marriage of the appellant-husband and respondent-wife was solemnized according to Hindu rites and rituals on 09.05.2012 and thereafter the respondent came to the house of the appellant and stayed there only for one month.

After marriage, the respondent came to the petitioner's house at Tentopasi and only after stay of one week, both went to Ghirajganj and stayed there for one month and thereafter the respondent went back to her parental house at Krishanpur.

It is further case that being compelled by the respondent, the petitioner shifted to a rented house at Dindli Basti Adityapur where they spent six months and ignoring the advice of the petitioner, the respondent shifted to her parental house in stage of her pregnancy where she gave birth to a male child in Nursing Home of Dr. Bina Singh at08.06.2016, cost having been borne by the petitioner.

It is further case that after the birth of child, the respondent was witnessed by the petitioner in compromising position with villager Mintu Mahato in June 2020, he immediately called brother, two sisters and mother of the respondent in the room and seeing them, the said paramour Mintu Mahato fled away but instead of being ashamed, she threatened and assaulted the petitioner.

It is further pleaded that the petitioner get reliable information that respondent was and is in habit of establishing physical relationship with her lover Mintu Mahato by taking advantage of absence of the petitioner during his working hours, who shifted the family to Satbahani Adityapur after six months of child birth to save the prestige and in order to reform the respondent, who even after giving promise did not amend her behaviour and always asked for divorce. It is pleaded that respondent is living separately from the petitioner since long two years in her parental house, making the future of the boy bad and depriving him the love and affection of the father and under the circumstances it is no longer possible for the petitioner to live with the respondent.

As such, a suit being Original Suit No. 55 of 2021 had been filed by the appellant/petitioner for grant a decree of divorce, which had been dismissed, against which the present appeal has been filed.

3. It is evident from the factual aspect as referred hereinabove which led to filing of the present appeal that, as per the Original Matrimonial Suit, the marriage of the appellant/petitioner was solemnized with respondent as per Hindu Rites and Customs on 09.05.2012 at Krishnapur Rahargora.

4. After the marriage, the appellant/petitioner and respondent lived together as husband and wife for 6 months in his rented house at Dindli Basti, Adityapur, an