JUDGMENT :

Subhash Chand, J.

1. The appellant-husband, Rajesh, has filed the divorce petition against respondent-wife, Neelam, under Section 13 (1) (1-A) of Hindu Marriage Act before the family Court, Amrawati (Maharashtra), which was registered as a matrimonial Case No. 25 of 2005 and same was registered as matrimonial Case No. 48 of 2007. The said divorce petition was transferred by the order of Hon'ble Apex Court to the family Court at Agra.

2. The instant appeal is at the behest of the appellant, Rajesh, against the judgment dated 21.08.2020 and decree dated 01.09.2020, passed by the Additional Principal Judge, Family Court, Agra in Suit No. 25 of 2005 and 48 of 2007 (Rajesh Vs. Smt. Neelam), whereby the divorce petition of appellant was dismissed.

3. The brief facts giving rise to this appeal are that the appellant, Rajesh, filed the petition under Section 13 (1) (1A) of Hindu Marriage Act with these averments that the appellant was married with respondent, Neelam, on 17.02.2001, according to Hindu Rites and Rituals. The marriage between the two was a settled marriage. Initially, the appellant was residing in a joint family along with his elder brothers, their wives, childrens and mother as well. The respondent is a lady of high temperament and used to pickup quarrel and used to refuse to perform the daily house hold works. The respondent did not like to reside in a joint family and stated that she would like to live separate. She did not like appellant and used to say that her marriage with him was against her wishes and she had no interest to lead matrimonial life with the appellant. She refused to have sexual intercourse with the appellant. On account of her abnormal behaviour, appellant brought her to the doctor, however, she refused to take medicines as prescribed by the doctor. The appellant has also decided to live separately from his parents along with respondent in rented house at Rukhmini Nagar, Amravati, Ambedkarnagar; but no change in the behaviour of respondent. On 02.10.2004, respondent quarreled with appellant and insisted her to go to her parental house. The appellant brought the respondent to her parent's house since then she has been residing at the house of her parents, being carrying on business of tailoring, beauty parlour and painting. Therefore, the respondent has subjected the appellant to mental cruelty, as such, there was no way out but to file the petition for divorce against the respondent, on the ground of cruelty.

4. The respondent-Neelam has filed the written statement, in which, she denied the averments of the divorce petition and in additional plea stated that she performed her matrimonial duties properly. Indeed the appellant and her family members were not satisfied with the endowment made at the time of marriage and they made an additional demand of Rs. 5,00,000/-in cash in dowry and for non fulfilment of the same, the respondent was subjected to physical and mental cruelty and on 09.10.2004, the appellant brought respondent to her parental house on the pretext that he was going on job to Ambala and after two or three days, he would take her back to in-laws' house; but since then the appellant did not contact her and appellant and his family members stated that they would not permit her to enter in-laws house till the demand of Rs. 5,00,000/-in cash was fulfilled. All these Streedhan of respondent is in possession of the appellant and his family members.

5. Learned trial Court, on the basis of pleadings and material on records framed following issues:-

1. Whether the respondent had caused cruelty to the appellant as alleged in the plaint if so its affect.

2. Whether the appellant is entitled to decree of divorce on the grounds taken in the plaint.

3. To what relief, the appellant is entitled.

6. On behalf of the appellant in oral evidence, he examined himself as PW-1, Rajesh, but no documentary evidence was produced.

7. On behalf of the respondent, she examined DW-1, Neelam, DW-2, Shri Niwas Gau