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 18.11.2019 and decree signed on 30.11.2019 passed by the learned Principal Judge, Family Court, Dhanbad in Original Suit No. 681 of 2016, whereby and whereunder, the learned court has dismissed the suit filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 with litigation cost of Rs.5,000/-.

2. The brief facts of the case as per the original matrimonial suit needs to be referred herein as under:

This suit had been filed by the appellant/plaintiff for a decree of dissolution of marriage mainly on the ground of cruelty against the defendant/respondent Aarti Devi @ Parwati, under Section 13(1)(i-a) of Hindu Marriage Act. The marriage of the appellant/plaintiff was solemnized with respondent/defendant as per Hindu Rites and Customs on 30.06.2013 at Bokaro. After the marriage, the appellant/plaintiff and defendant/respondent lived together as husband and wife at Fularitand, Dhanbad and out of their wedlock they have been blessed with a son namely, Aayush @ Roshan on 21.06.2014. It is alleged by plaintiff in his plaint that defendant/respondent left the matrimonial house since long back after the marriage and subjected to cruelty by quarreling, not cooking food, putting pressure to leave his parents and did not perform physical relationship and on protest the defendant/respondent left the house of plaintiff on 22.09.2015.

Thereafter, the appellant/plaintiff filed a case u/s 9 of Hindu Marriage Act for restitution of conjugal life which was withdrawn by the appellant/plaintiff and, thereafter, the appellant/plaintiff filed the suit being Original Suit No. 681 of 2016 had been filed for dissolution of marriage, 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/plaintiff was solemnized with respondent/defendant as per Hindu Rites and Customs on 30.06.2013 at Bokaro.

4. After the marriage, the appellant/plaintiff and defendant/respondent lived together as husband and wife at Fularitand, Dhanbad and out of their wedlock they have been blessed with a son namely, Aayush @ Roshan on 21.06.2014.

5. It is alleged by plaintiff in his plaint that defendant/respondent left the matrimonial house since long back after the marriage and subjected to cruelty by quarreling, not cooking food, putting pressure to leave his parents and did not perform physical relationship and on protest the defendant/respondent left the house of plaintiff on 22.09.2015.

6. Thereafter, the appellant/plaintiff filed a case u/s 9 of Hindu Marriage Act for restitution of conjugal life which was withdrawn by the appellant/plaintiff and, thereafter, the appellant/plaintiff filed the suit being Original Suit No. 681 of 2016 for dissolution of marriage, which had been dismissed against which the present appeal has been filed.

7. It is evident from the factual aspect that the appellant/plaintiff had a motion by filing a petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for decree of divorce.

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

(i) Whether the suit of the petitioner/plaintiff is maintainable in the eye of law ?

(ii) Whether the opposite party/defendant left the house of the petitioner on 22.09.2015 and petitioner/plaintiff filed under Section 9 of Hindu Marriage Act 1955 against the opposite party?

(iii) Whether any cruelty made by the opposite party/defendant against the petitioner/plaintiff and opposite party/defendant is living separately for more than two years from the petitioner/plaintiff?

(iv) Whether any other cases are running between the parties or not