Allegations of cruelty in divorce cases must be substantiated by consistent and credible evidence; normal marital conflicts do not constitute legal cruelty.

JUDGMENT :

ARUN KUMAR RAI, J.

1. The instant appeal has been filed on behalf of the appellant/plaintiff under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 14.03.2023 [decree signed on 17.03.2023] passed by the learned Principal Judge, Family Court, Lohardaga in Original Suit No. 39 of 2022, whereby and whereunder, the said Suit filed by the appellant-husband under the provisions of Sections 27(1)(d) of Special Marriage Act, 1954 has been dismissed.

2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) The marriage of the appellant/plaintiff Vishwanath Prakash was solemnized with defendant on 11.12.2007 at the office of District Marriage Registrar, Ranchi. After marriage, respondent came to her matrimonial house and started residing with her husband. Out of said wedlock, one son, namely, Om Prakash was born on 16.12.2008.

(ii) It is alleged that after few months of marriage, the behaviour and attitude of the respondent became very cruel and arrogant as she neither took care of household work nor of her in-laws or husband. A panchayti was held in the village in year 2018. The respondent always threatened the plaintiff/husband and in-laws to implicate them in false and fabricated case, if they interfere in her affairs. On that the plaintiff informed this matter regarding rude and cruel behaviour of the respondent to her parents but they told that after marriage it is your responsibility to take care of the respondent. Earlier on many occasions, she left her matrimonial house with her jewellries and clothes without informing to any one and gone where ever she wants and even after birth of son she left her house.

(iii) It has further been stated that on 30.08.2011, the respondent left her matrimonial house after quarreling with petitioner and in- laws and saying that she was going to her maika forever and she did not return back. Now she does not want to live with her husband and she break all her matrimonial ties with the plaintiff. There is no chance to live together as husband and wife and their marriage has irretrievably been broken down.

(iv) Since 2011, the defendant used to create disturbance and pressure upon the petitioner by way of mental and physical cruelty and she has started neglecting the petitioner. She always made pressure upon the plaintiff to leave Ranchi and his parents and live with her family at village Balumath, District-Latehar. The child of the petitioner is not allowed by the respondent to come to him, even if the petitioner takes the child on his lap, she snatched away the child and beats him mercilessly. The petitioner tried his best to convince the respondent/wife to live in harmonious cordial atmosphere with the petitioner but she was not ready to live with the petitioner.

3. On the aforesaid ground of cruelty, the appellant-husband has prayed for a decree of dissolution of the marriage between him and the respondent- wife, accordingly, the suit being Original Suit No.39 of 2022 for dissolution of marriage has been preferred.

4. Accordingly, after issuance of notice the respondent-wife appeared and contested the suit by denying