By the Court.—This appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as “Act, 1984”) has come up against judgement and decree dated 27.9.2006 passed by Principal Judge, Family Court, Gorakhpur, dismissing the Suit No. 54 of 2003 filed by appellant under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as “Act, 1955”), seeking a decree of divorce on the ground of cruelty.

2. Brief facts giving rise to this appeal are that :

Plaintiff-appellant (hereinafter referred to as “appellant”) filed a suit under Section 13 of Hindu Marriage Act,1955 (hereinafter referred to as “the Act”) against defendants-respondents (hereinafter referred to as “respondents”), which was registered as Family Suit No. 54 of 2003.

As per allegations made in the plaint, marriage between appellant and respondent was solemnized in accordance with Hindu rites and customs on 10.12.1999.

After marriage, respondent remained with appellant’s house only for few days and during the said stay, brother and father of respondent also came to meet her. Respondent was reluctant in consummation of marriage and her behaviour against appellant as well as his family members was very bad and cruel and appellant could not succeed in consummation of marriage during above said period. The behaviour of respondent remained cruel with family of appellant and appellant remained under mental tension due to non consummation of marriage with the respondent.

Respondent became pregnant during this period. However, respondent was not happy with pregnancy as she was not interested having a child at this stage and asking appellant and his family to send her parents house. Appellant and his family members tried to keep her in their house and they were also under impression that if she was send to her parent’s house, she will make effort to get the child abort. Due to this fact, the behaviour of respondent with appellant and his family members became more cruel and hostile and she started querelling with appellant as well as other family members and in order to cause physical and mental cruelty, respondent started using abusive language against them and when appellant and his family members tried to talk to the parents of respondent regarding her misbehaviour and conduct instead of giving any advice to respondent, parents of respondents encouraged the respondent. They also pressurized the appellant to send the respondent to her parents house. In order to keep peace, appellant send respondent to her parent’s house on the occasion of Rakshabandhan and respondent left the house of appellant and took all jewellery and cash alongwith with her.

After Rakshabandhan, appellant tried to take the respondent to her house but she refused to come back. The appellant was forced to serve a notice through registered post to respondent and ask her to come back.

Inspite of receiving notice, respondent refused to come back and also sent a wrong reply of notice, through her counsel. Appellant tried to convene meeting of reasonable persons of his community and respondent was also invited in the said meeting alongwith her parents. During the course of meeting, respondent and her parents refused to accept the decision taken and left meeting in midway. Later on, respondent refused to accept decision rendered in the said meeting. The respondent also refused to come back to her in-laws-house and filed a frivolous suit in the Family Court against appellant on the false allegations of demand of dowry.

Respondent also moved a complaint in local police station. The appellant and his parents were harassed by local police. Due to above act of respondent, appellant suffered a lot of mental and physical torture. In order to save his parents, appellant forcibly accepted proposal to keep respondent with him. The respondent promised that she will come to the appellant’s house. However, she did not turn-up and on the contrary, filed a suit for maintenance under Section 125 Cr.P.C.

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