JUDGMENT :

Pradeep Kumar Srivastava, J.

1. This first appeal has been preferred against the judgment and order dated 01.11.2017, passed by Principal Judge, Family court, Varanasi, in Divorce Petition No. 1310 of 2016 (Rajesh Kumar Srivastava vs. Manisha Srivastava), under Section 13 of the Hindu Marriage Act, by which the petition for divorce, though proceeded ex-parte, has been dismissed.

2. A petition was filed by the appellant-petitioner before the Family court seeking divorce under Section 13 of the Hindu Marriage Act, stating that both the parties are married according to Hindu religion, rituals and traditions. The respondent-opposite party after marriage came to her matrimonial house and discharged her matrimonial obligations. The appellant-petitioner from the very beginning gave her love and affection but the respondent-opposite party was very ambitious, arrogant and obstinate by nature.Her behaviour was always aloof and she avoided her family responsibility. Whenever his parents and close relatives came, instead of welcoming them, she used to deliberately insult him before them. Even then he continued accommodating her without any complaints. She, however, remained quarrelsome with him. The petitioner always fulfilled her demand legitimate or illegitimate so that the harmony in the family may continue but her nature was not improving and without his consent, she started wandering out side the house and on being inquired, she used to start quarreling with him even before the neighbours causing shame to him. A son was born to them and he, keeping in view the future of the child, always tried to persuade her to discharge the matrimonial and family obligations. But she always remained problematic conveying everything to her parents and brothers, who started interference in their matrimonial life. She abused and threatened him for giving divorce. From the last two years, there is no consummation between them despite efforts being made by him. They are living separately from the last two years and there is no communication between them. The respondent-opposite party is living in her house and the appellant-petitioner has to manage his all daily needs by himself. It has become impossible to continue in the matrimonial relationship with her. She used to threaten him for implicating him in false criminal cases and also that she will commit suicide. She gave an application under Section 156(3) Cr.P.C. against him and his family members. Her application was sent for mediation. On the resolution made by the mediation, the appellant-petitioner took her back on 22.08.2015. She lived with him for about two months and thereafter on 6.10.2015, she called her mother and brother and lodged a FIR in PS Sadar, Hoshiyaarpur, Punjab and came back to her parental house. On 26.10.2015, she filed an application under Section 125 Cr.P.C. in District Kanpur. Finally, on 26.10.2015, she refused to live with him and to give him his child. Because of her inhuman and cruel treatment and desertion on her part, this divorce petition was filed under Section 13 of the Hindu Marriage Act for seeking divorce.

3. The case was proceeded ex-parte against the respondent-opposite party.

4. In support of his case, the petitioner filed his affidavit in evidence.

5. After hearing the counsel for the petitioner, the learned family court dismissed the petition.

6. Aggrieved by the impugned judgment and decree, the present appeal has been preferred on the ground that it is illegal, without jurisdiction and based on surmises and conjectures. The findings recorded by the Principal Judge, Family Court is baseless, perverse, irrational and unreasonable. The divorce petition proceeded ex-parte as respondent-opposite party did not appear nor filed any written statement and despite the affidavit filed by the appellant-petitioner in support, the same was disbelieved and without any sound reason, the petition was dismissed. As such, the impugned judgment and decree is illegal, perve