IMPORTANT POINT
The recognition of irretrievable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955, and the need for legislative action to amend the Act to incorporate this ground.

JUDGMENT :

1. Heard Sri Tarun Agarwal, holding brief of Sri Pankaj Agarwal, learned counsel for the appellant.

2. Present appeal has been filed against the judgment and order dated 18.10.2019 passed by Principal Judge, Family Court, Moradabad in Case No. 492 of 2015.

3. The plaintiff is the appellant herein. He filed an application under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 before the court of Principal Judge, Family Court, Moradabad, numbered as Complaint Case No. 492 of 2015. The said petition was dismissed vide order dated 18.10.2019. Aggrieved by the same, present appeal has been filed.

4. The plaintiff-appellant solemnized first marriage with Anuradha on 15.11.1989 as per Hindu Customs and Rites. The said marriage was dissolved on 31.05.2007. After that plaintiff solemnized his second marriage on 21.11.2007 with the respondent herein. The first husband of the respondent herein had died and she has two children out of the wedlock with the first husband. During the marriage, the first husband has adopted one girl child namely, Astha, she is living with the plaintiff-appellant. Both the appellant and the respondents were doctors and they lived in District Budaun and the appellant has served in the Indian Army about 30 years. The defendant-respondent is also a senior doctor and she is presently posted at Ghaziabad and she is also running a private nursing home at Buddhi Vihar in Moradabad.

5. After marriage, the defendant-respondent has deserted the appellant and lived separately at Moradabad, that she deserted the appellant for six years before filing the suit and has stated that no physical relationship has been established between the appellant and the respondent. Further, she is accusing plaintiff as well as the adopted daughter and subjected to mental cruelty and misbehaved with the appellant and there is no cordial relationship with the adopted daughter of the appellant and she called Astha as a orphan and illegitimate child and she should be thrown out of the house. Due to the above said behaviour of the defendant-respondent, mental condition of the appellant’s daughter Astha started deteriorating. The respondent behaved indecently and insulted the appellant in front of his friends and relatives, which caused great embarrassment to him. She used to quarrel with the appellant’s daughter over small issues and hates her. More so, she assassinated the character of the appellant without any proper reason and also alleged that he was involved in illegal activities in his house at Greater Noida.

6. The respondent has filed her objections to the above said allegations by denying the statements and allegations and she has stated that she married the appellant by knowing the former wife had adopted a girl child Astha as the defendant-respondent is also having two children namely, Pallavi Swaroop and Rijul Swaroop from her former husband. The respondent was a doctor in Central Police Hospital, Moradabad, but is currently working in the District Hospital, Ghaziabad. Eight years have passed since her marriage with the appellant. Whenever the respondent got leave she kept visiting the appellant and the appellant also keep coming to her from time to time. She has denied that she never misbehaved with the appellant and she always had good relations with the appellant and adopted daughter Astha as well. In fact, the marriage of the respondent’s sister’s daughter took place on 20.02.2015, in which the adopted daughter Astha was also present and had good relationship with the respondent.

7. Based on the above averments, the court below has framed following issues:

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8. In response to the above issues, the court below has answered that the plaintiff-appellant has stated regarding his adopted daughter Astha for having