By the Court.—Heard Sri Ravi Kant, senior Advocate assisted by Sri Tarun Agrawal on behalf of the appellant and Sri V.K. Upadhyay on behalf of the respondents.

2. This First Appeal under Section 19 of the Family Courts Act, 1984 has been filed against the judgment and decree of Addl. Principal Judge, Family Court, Allahabad dated 2.2.2016 passed in Matrimonial Case No. 790 of 2013.

The relevant facts for deciding the present appeal emerging out of the paper book filed on behalf of the parties are as under :

3. Appellant Leonard Dass, (hereinafter referred as the plaintiff/husband) was married to Prema Catherine (hereinafter referred as wife) on 17.7.2011 in accordance with the ceremonies as provided under Christian law.

4. It is not in dispute that the plaintiff-husband is employed in Sam Higginbottom Institute of Agriculture,Technology and Sciences, Naini, Allahabad and that wife is engaged as teacher at Bethany Convent School, Naini, Allahabad.

The plaintiff-husband filed suit No. 790 of 2013, Leonard Dass v. Prs. Prema Catherine Dass, with relief for a decree of divorce being granted in favour of the husband alongwith cost of the proceedings.

It is the case of the plaintiff-husband that within two weeks of the marriage, the husband had left the wife at the gate of Bethany Convent School at 7 a.m. in the morning. He went to take her back home after school hours but she was missing. The husband lad to lodge a police report about her having gone missing on 1.9.2011. The wife ultimately returned on 16.9.2011 and begged pardon for her mistake. Similarly, it was stated that on 21.9.2011 she again left the matrimonial house without information and ultimately she was traced at Shelter Home, Allahabad run and managed by Sister Sheeba Jose. She initially refused to return to the matrimonial home but on persuasion she could be brought home. It was then stated that out of the wedlock, a child was borne on 17.4.2012 in the hospital. However, she refused to return to the matrimonial house. However, on 24.5.2012 she returned and started living with her husband. After less than three months, she without any reason again left the matrimonial house leaving behind the child and was found at the shelter home. It was also stated that after some time, mother of the husband returned from Nagpur and she alone is taking care of the minor child. On 24.8.2012 the wife returned to the matrimonial house. On 1.9.2012 the wife alongwith the family went for the Church and left the minor child on the stairs of the Church. Despite repeated phone calls she did not respond. On 31.10.2012 Sister Sheeba Jose informed about presence of the wife at the Shelter Home. The wife also instituted a false case for a decree of divorce which was registered as Matrimonial Case No. 1198 of 2012, Cathrine Prema Dass v. Leonard Dass, on false allegations at Allahabad. This suit was dismissed for want of prosecution on 3.4.2013. The wife also initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which contained false allegations and the same was again dismissed in absence of any evidence being led in support of the violence alleged. On these allegations, the husband prayed for a decree of divorce with the averments that because of acts as noticed above, it is not possible for the plaintiff to live with the respondent-wife, hence the petition for divorce.

The suit so filed was contested by the wife and it was stated that it was the husband who had all along mal- treated the wife. He had abused her and also indulged in Mar-peet. It is because of such attitude of the husband that she had to leave the matrimonial house and reside at the shelter home. It was stated that after the child was borne in the hospital, the husband had come to the hospital and had created a scene in a drunken state. Even the expenses for delivery of the child had to be borne by the wife alone and no financial assistance was provided by the husband.

The