Divorce on cruelty and desertion grounds requires cogent evidence proving grave conduct and animus deserendi; appellate court upholds trial dismissal absent perversity in reasoned findings based on preponderance of probabilities.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the order/judgment dated 24.02.2022 and decree signed on 08.03.2022 passed by the learned Principal District Judge-cum- Principal Judge, Family Court, Ramgarh in Original Suit No. 174 of 2014, whereby and whereunder, the petition filed under Section 13 of the Hindu Marriage Act, 1955 by the appellant/petitioner seeking a decree of divorce against his wife, has been dismissed.

2. The brief facts of the case leading to filing of the divorce petition by the appellant/petitioner needs to be referred herein as under:

The case of the petitioner is that, the petitioner Amit Kumar Jha and the respondent Rani Devi are legally married couple and their marriage was solemnized on 08.03.2000 according to Hindu rites and customs. After the marriage, the respondent started living with her husband, the petitioner, as his lawful wife. In due course of time, the couple was blessed with three children out of their wedlock.

It is alleged that, from the very beginning, the respondent had developed strained relationship with the petitioner and his other family members. She used to torture the petitioner, his mother as well as his brother. She was not willing to cook food and was not ready to live with the petitioner. Their conjugal life had become a hell, but even then, the petitioner tried his level best to persuade his wife, but all in vain. Ultimately, she left her matrimonial home on 22.02.2009 alongwith her two children and started living at village Morramkalan, Ramgarh.

The petitioner had made several attempts to bring her back, but, instead, he was abused and insulted by his wife and her other family members and as such, they have been living separately since 22.02.2009. In the meantime, the petitioner had filed a petition u/s 9 of Hindu Marriage Act, 1955 for restitution of his conjugal rights, but all his efforts went futile. Hence, the suit for divorce was filed.

3. The learned Family Judge has called upon the respondent-wife. The wife has filed written statement and altogether five issues have been framed which are as follows:

(i) Whether the suit as framed is maintainable?

(ii) Whether after solemnization of the marriage, the respondent has treated the petitioner with cruelty?

(iii) Whether the petitioner has been deserted for a continuous period of not less than two years immediately preceding the presentation of the petitioner?

(iv) Whether the petitioner is entitled for decree of divorce?

(v) To what relief or reliefs the petitioner is entitled for?

4. The evidences have been laid on behalf of both the parties. Thereafter, the judgment has been passed dismissing the suit by holding that the petitioner (appellant herein) has failed to prove his case for divorce on the grounds of cruelty and desertion against the respondent/wife on the touchstone of preponderance of probabilities, which is the subject matter of the present appeal.

Submission of the learned counsel for the appellant/petitioner:

5. I