The main legal point established in the judgment is the irretrievable breakdown of the marriage due to long separation, absence of cohabitation, and multiple court battles, leading to the grant of a decree of divorce under Section 13 of the Hindu Marriage Act.

JUDGMENT

1. Heard finally with the consent of both the parties.

The present appeal has been filed by the appellant (husband) being aggrieved by the impugned judgment and decree dated 01.07.2019 passed by the 1st Additional Distrct Judge,Shujalpur, Distt. Shajapur in Case No. 06/2019(HMA), whereby the application seeking divorce under Section 13 of Hindu Marriage Act has been rejected.

2. The brief facts of the case are that the appellant and the respondent got married on 12.05.2009 as per Hindu rights and customs in Arya Samaj Mandir, Ujjain. It was an intercaste marriage as appellant and respondent love each other, therefore, the factum of said marriage had not been disclosed by the respondent(wife) to her father. When the appellant (husband) asked about disclosing their marriage to respondent's father, she informed that her father is a renowned Senior Advocate in the City of Indore and is a very short tempered person. At some suitable point of time, she will tell about their marriage to her father. After solemnization of marriage at Arya Samaj Mandir, Ujjain, respondent(wife) went back to her parental house at Indore. Thereafter, she never lived at her matrimonial house and have not cohabited. Whenever, appellant(husband) ask the respondent to come to the matrimonial house, she use to refuse on the pretext that she has not disclosed about their marriage to her father and in case,it came to his knowledge, he will even get them separated and assured that at appropriate time, she will disclose about their marriage to her father. Appellant kept on believing on the false assurance given by the respondent wife for long. However, on gaining knowledge about their marriage, respondent's father got enraged, but later on he accepted their marriage. On the false pretext of arranging a re-marriage of appellant and respondent at Shujalpur on 22.04.2014, respondent's father lodged a report against appellant, his parents and brother u/S 498A of IPC. It is also alleged against the respondent wife that after the factum of marriage came to the knowledge of her father, she use to behave with the appellant and his family members inappropriately and use to belittle them and even at times, she hurled filthy abuses. On some occasion, she even threatened the appellant that her father may sent the appellant to jail by trapping him some false and fabricated cases. Even, respondent wife has lodged cases against the appellant under Protection of women against Domestic Violence Act and also preferred an application u/S 125 of Cr.P.C. seeking maintenance. She has approached the civil Court also by filing a Civil Suit before the District and Sessions Judge regarding property of the appellant's father. Left by his wife and burdened with multiple litigation slapped on him, the appellant husband has filed the application u/S 13 of Hindu Marriage Act for dissolution of marriage. The said application was dismissed by the 1st Additional District Judge, Shujalpur on various grounds.

3. Being aggrieved by the said dismissal, appellant/husband approached this Court by filing the instant appeal.

4. This Court after issuing notice to the respondent/wife had appointed Mediator and directed the parties to appear before her on 25.11.2019. However, mediation proceedings did not succeed. Thereafter, this Court had called upon the parties alongwith their parents to explore the possibility of settlement wherein appellant/husband has unequivocally stated that there is no room for any compromise or settlement and he requested that a decision be made in this case on its merits. On the other hand, respondent/wife would like to reside with the appellant.

5. Learned counsel for the appellant submitted that the appellant and respondents are living separately since their marriage in the year 2009 i.e. almost 14 years. Respondent has filed various cases against the appellant as well as his family members. Respondent has even moved to Civil Court by filing civil suit against appellant's fa