JUDGMENT

Pathak, J:-- 1. The present appeal under section 19 of the Family Courts Act 1984 is preferred by the appellant/husband being crestfallen by the judgment dated 16.2.2023 passed by Additional Principal Judge, Family Court, Gwalior in RCSHM No.20371/2018 whereby the divorce petition preferred by the appellant under section 13(1)(i-d)(i-[k) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”) has been dismissed.

2. Precisely stated facts of the case are that marriage of appellant and respondent was solemnized on 24.6.2011 at Gwalior through Hindu rites and rituals. According to appellant, soon after marriage, behaviour of respondent/wife was changed and she started fighting over the small issues. Respondent/wife deprived the appellant from the marital obligations. After marriage, couple started residing at Virar in joint family but behaviour of respondent turned irritating and she used to argue with the parents of appellant. Respondent/wife also started pressurizing the appellant to live in Gwalior as she was not interested in living at Virar and she also pressurized the appellant and his family members to give her share in the property otherwise she will implicate them in dowry case. It is also stated by the appellant that two times respondent/wife terminated her pregnancy without prior intimation to the appellant or his family members.

3. Domestic incompatibility continued between the parties despite lapse of two years. As a result of domestic incompatibility, in the year 2013, respondent/wife left the matrimonial house along with gold jewellery of 250gms. and Rs.2,70,000/- and started residing at her maternal home. Behaviour of wife was not good with her husband and his family members and further she used to quarrel with the family members and she left the matrimonial house in 2013. Thereafter, in 2016 she again came at Virar along with her maternal uncle (ekek) and stated that if her share in the property is not given then she will implicate them in false case of offence under section 498-A of IPC. At the house of appellant at Virar, respondent/wife misbehaved with her husband and mother-in-law. Therefore, appellant/husband preferred divorce petition seeking decree of divorce on two grounds; cruelty and desertion at S.D. Basai, Thane (Maharashtra). On the application of respondent/wife, this divorce petition was transferred by the Hon'ble Supreme Court to the Family Court, Gwalior.

4. Respondent filed reply to divorce application and denied all the allegations levelled by the appellant. It is submitted that despite spending Rs.8 lac with other household articles in her marriage, appellant used to demand dowry and used to treat her inhumanely. She has always tried to fulfill her marital duties by living in her inlaws' house, but she was expelled due to non-fulfillment of demand of dowry. It was the respondent who preferred application under section 9 of the Act of 1955 for restitution of conjugal rights before the Family Court, Gwalior which was decided ex parte in favour of respondent as appellant did not turn up in the proceedings. It appears that appellant has neglected his responsibilities and not discharging his obligations as husband. It is also submitted that she had not taken away any jewellery or cash from the house of appellant and it was a false allegation. Even otherwise, she is ready and willing to live with appellant. Hence, prayed for dismissal of divorce application.

5. Proceedings started before the Family Court and after conducting trial in the matter and considering all the rival submissions of parties and the evidence produced before it, learned Family Court dismissed the divorce petition of the appellant, therefore, appellant is before this Court.

6. It is the submission of learned counsel for the appellant that the Family Court, Gwalior failed to consider the material aspects of the matter and the evidence produced before it and erred in not granting the decree of divorce in f