JUDGMENT

A.S. NAIDU, J. — The judgment dated 19th April, 2004 passed by the Judge, Family Court, Rourkela in Civil Proceeding No.155 of 2001 dissolving the marriage solemnized between the parties by a decree of divorce is assailed by the appellant-wife.

2. The parties got married at Dhanbad according to Hindu rites and customs. The marriage was consummated at Rajgangpur in the district of Sundargarh. A proceeding was initiated by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act read with Section 7 of the Family Courts Act with a prayer for dissolution of the marriage by a decree of divorce on the ground of cruelty and desertion by the wife. According to him, after fifteen days of the marriage the wife expressed her reluc¬tance to stay with the family of the husband and insisted on him to send her back to her parent’s house. Consequently he sent her with her father to Dhanbad. Five days after her departure, he went to his place of posting at Bhutan. In June, 1993 for avail¬ing summer vacation he came to Rajgangpur when his wife joined him and both of them lived together for about ten days where-after he went back to Bhutan to resume his duties leaving the wife at the matrimonial home. After arranging accommodation at Bhutan he came to Rajgangpur and took the wife to Bhutan where both of them led a blissful married life for some time. After a few days, it was alleged, the wife did not like to stay at Bhutan and insisted on him to send her back to her parents again. While the matter stood thus, one day on his return from duty he found that all the furniture and utensils of the house lying scattered on the floor being damaged. On being questioned the wife admitted to have done so. Then a few of his friends and other guests visited his house and when he directed the wife to serve them tea, she bluntly refused, thereby causing embarrassment to the husband. Such action, according to the husband, lowered his prestige and dignity before others amounting to cruelty to him. Thereafter he sent for the parents of the wife and her father took the wife to Dhanbad from Bhutan.. Then in the year 1995 the marriage of his brother took place at Rajgangpur. Though the wife attended the said marriage, she refused to accompany him to Bhutan and created problems in the house and even rebuked the family members for which he again sent her back to her parent’s house. To make the long story short, according to the husband, the behaviour of his wife was not proper. She used to exhibit furious anger and as such he always apprehended risk to his life. Thereafter the wife never returned to him to resume the conjugal life and he having no other option had to serve a lawyer’s notice on her and ultimately approached the Court.

3. The wife in her written statement filed before the Court below admitted the marriage but stoutly denied all the allegations made against her by the husband. According to her after the marriage he and his parents demanded a sum of Rs.1,00,000.00 as dowry and threatened her that otherwise her matrimonial relationship with the husband would be at stake. He never tried to maintain a cordial relationship with her and always used to hatch plan with his family members to somehow or other defame her. As she was a simple lady coming of an orthodox family, she could not express all the atrocities meted out to her before her parents. She alleged that her husband left no stone un-turned to blame her although she was always cooperative and wanted to live with him. Though she was willing to live with her husband but she was thrown out of the matrimonial house and her in-laws not only insulted her but also insulted her father.

With regard to the allegation made by the husband with regard to incident at Bhutan, she stated that one evening some of the friends of her husband had accompanied him to the house and the said friends showed indecent behaviour to her in the very presence of her husband. The allegation as to damaging the