The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.

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 1st August, 2024 and decree dated 9th August, 2024 passed by the learned Principal Judge, Family Court, Jamshedpur in Original Suit No. 620 of 2021, whereby and whereunder, the suit filed by the appellant - [wife] for dissolution of marriage by decree of divorce u/s 13(1)(ib) of Hindu Marriage Act, 1955 against respondent/husband, has been dismissed.

2. In brief, the appellant's case is that the marriage of the appellant-wife and respondent-husband was solemnized on 14.8.2014 according to Hindu rites and custom at Shitla Mandir, Jamshedpur. The marriage was allegedly love-cum- arrange marriage as well as inter-caste marriage. After solemnization of marriage both parties started living together with in-laws members of the respondent. On 2nd June, 2015 the couple were blessed with a baby girl child, namely, Ananya Rakhit and further on 5^th July 2017, they were blessed with another girl baby child, namely, Mahi Rakhit.

3. It is the case of the appellant that after the birth of the girls, temperament and taste of the respondent changed and he was not engaging himself in matrimonial duties against the appellant, however, the appellant tried to make the respondent understand his duties but respondent never took any interest. The mother-in-law did not even try to resolve the differences but also influenced the respondent and appreciate the respondent bitter act against the appellant. Whenever the appellant asked money for medical expenses the respondent raised objection and started quarrelling with filthy language and mother of respondent also encouraged which disturbed the peaceful environment of the family. In the year 2018, relationship between the appellant and respondent become so bitter that they even do not to talk with each other and it has become respondent's usual day routine to quarrel with filthy language with the appellant which also disturbed the environment of the house and the mother of the respondent always done job of pouring oil in the flame.

4. Thereafter, the respondent started to take alcohol and used to curse her about the two-girl child which was supported by her mother-in-law and due to behaviour and temperament of the respondent, the appellant made herself separated under the same roof and the conjugal life of both the parties came to an end on 23.06.2018. On 13.6.2019 when the appellant came home from the hospital, without any appropriate reason, the respondent started quarrelling with filthy languages and when the appellant tried to make the situation calm the respondent and his mother started beating her with fist and blows and pushed her out from the house.

5. It is further case of the appellant that due to all these events and regular quarrel between the parties the appellant decided