Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separately.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal has been filed on behalf of the appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 22.01.2024 [decree signed on 27.01.2024] passed by the learned Additional Principal Judge, Bermo at Tenughat, in Original Suit No. 490 of 2022, whereby and whereunder, the said Suit filed by the respondent- husband under the provisions of Section 13(1)(i-a) of Hindu Marriage Act, 1955 was allowed holding that marriage of the petitioner Pramod Kumar Barnwal with the respondent Indu Kumari(Appellant herein) solemnized on 18.4.2012 is hereby dissolved.

2. The brief facts of the case, which required to be enumerated, needs to be referred as under:

3. The marriage between the parties was solemnized on 18.04.2012 at village Banpura, Giridihas per Hindu rites and rituals. Following the marriage, the parties established their matrimonial residence at 83/8 Government Colony, I.E.L. Gomia, Bokaro and out of their wedlock, a female child namely Prakriti Modi was born. Further case of the petitioner [respondent- husband] is that after few months of marriage respondent [appellant-wife] started to pressurize the petitioner to live separate from his parents to which petitioner was not agreed then respondent started to quarrel with petitioner and also started to misbehave with his parents.

4. Once respondent has locked herself in a room after giving several threatening to the petitioner. Respondent is an ill-tempered lady and his cruel behaviour increased day to day even then petitioner tried to convince the respondent not to do so and perform her marital obligations, petitioner also used to hand over his salary to respondent for expense as per her will but her behaviour remained unchanged as such respondent tortured the petitioner and his family members mentally and physically. Respondent also used to go outside her matrimonial house without information or consent of petitioner and his family members and whenever petitioner asked respondent not to do so she started to quarrel with petitioner and also started to destroy household articles.

5. It has been alleged that Respondent also used to talk with another person on mobile for long time and whenever petitioner objected, she used to quarrel with petitioner as such petitioner became depressed due to cruel nature and attitude of respondent who clearly stated to petitioner that she does not want to live with him.

6. Finally, on 18.07.2019 respondent /wife left her matrimonial house along with the child Prakriti Modi and since then she is living in her 'Mayke". Petitioner (respondent/husband herein) and his family members tried to settle the matter for which several times petitioner went to Mayke of respondent for "Bidai" but respondent always refused to come back with petitioner and she is leading her life as per her own will.

7. It has been stated that after every effort of taking "Bidai' of respondent (appellant herein), petitioner (respondent husband herein) filed a case u/s 9 of Hindu Marriage Act for restitution of his conjugal rights vide Original Title (Mat.) Suit No. 32/2022 in which respondent appeared and before Mediation Center respondent has clearly stated that she doesn't want to live with petitioner, she does not want to take any compensation and will lead her