The need for definite allegations of cruelty to be proved by the party seeking dissolution of marriage, and the application of parameters of mental cruelty as laid down by the Hon’ble Apex Court in the case of Samar Ghosh vs. Jaya Ghosh, 2007 (4) SCC 511.

Sharad Kumar Sharma, J.

1. The plaintiff appellant in the instant appeal has challenged the judgment dated 18th August, 2015, rendered by the Family Court, Dehradun, in Original Suit No. 327 of 2009, Manish Adhikari vs. Bindiya Adhikari, filed by the appellant for dissolution of marriage, which was dismissed.

2. The facts of the case are that as per the plaint allegation of the appellant, he contended that the marriage between him and the defendant was solemnized on 7th March, 2007, according to the Hindu rites and rituals at Dehradun. Normally, as it happens, at the initial stages, the matrimony between them proceeded in harmonious circumstances where both husband and wife showered all love and affection to each other. According to the husband, at a later stage, the respondent wife started creating trouble in her relation with the appellant and his family members and often, now and then, due to minor misunderstandings, she started quarreling on trifle issues. Despite of the best efforts made by the appellant to pacify the altercations, but, the same remained unchanged and the behaviour of the respondent wife continued to be acrimonious. According to the husband appellant, respondent wife left the house of the appellant on 1st January, 2008, voluntarily and without there being any reason. It was the case of the appellant that since 01.01.2008, they are living separately without any cohabitation and without having any relationship as of husband and wife. On account of non establishment of any relationship, there was no issue, born out of the wedlock. As a result of the aforesaid misunderstanding, the appellant filed the suit on 3rd August, 2009. The basic foundation of the suit was that day-to-day cruelty and also the desertion when she left the home of in-law in January, 2008.

3. The family members of the appellant alongwith other respectable persons tried to pave a bridge for continuance of relationship between the appellant and the respondent by holding a panchayat so that the misunderstanding between the parties to the appeal may be soften and the relationship between them revives. A meeting of the Village Panchayat was held on 6th July, 2008, under the Chairmanship of Gram Pradhan, wherein, the statement was recorded of both the parties. As a result of the decision of the Panchayat, both the parties were given a year’s breathing time to adjust themselves according to each other expectations. It was further decided that both husband and wife will live separately but still, according to the husband, the wife deserted on 01.01.2008, and left the company of the husband and ever since then, she is residing with her parents and there is no cohabitation between the parties.

4. According to the husband, after the expiry of the period of one year, in pursuance to the meeting held on 12th July, 2009, when a re-scheduled meeting of Panchayat was held in the presence of the Pradhan, according to the husband, the defendant made statement in open that she wants maintenance from the plaintiff and does not want to revive the relationship of husband and wife. According to the husband, the relationship became so sore between them that they left no stone unturned to ensure inflicting allegations against each other.

5. On issuance of notices, the notice was served upon the respondent, she filed her written statement and only after receipt of notice and as a counter blast, the respondent wife initiated the proceedings under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. In the written statement, thus, filed on 22nd August, 2013, the wife denied the allegations raised by the husband in the plaint.

6. The Domestic Violence proceedings which was carried on independently before the Judicial Magistrate, Dehradun and which culminated on 20th May, 2015, the Judicial Magistrate dismissed the petition and held that the allegations of domestic violence is not made out. The husband, in support of his plead