Mental cruelty under the Hindu Marriage Act necessitates substantial and persistent conduct impacting responsibilities; trivial matters do not suffice for divorce.

ORDER :

Binod Kumar Dwivedi, J.

Appellant/husband has preferred this appeal under Section 19 of the FAMILY COURTS ACT , 1984 assailing legality of judgment and decree passed by 15th Additional District Judge, Indore in Hindu Marriage Case No. 12/2015, whereby the suit filed on behalf of the appellant under Section 13 (1)(1-a)(1- b) of HINDU MARRIAGE ACT (hereinafter referred for short 'HMA') with further relief of divorce has been dismissed.

2. It is not disputed that the appellant/husband and respondent/wife are legally married couple. Marriage was solemnized as per Hindu rituals and customs on 10.11.1998 at Village Pipalada, Tehsil & Dist. Indore. Out of their wedlock, one son was born on 18.12.2002. It is also not in dispute that respondent/wife is living with her father-in-law, mother-in-law, brother-in-law (Devar) and sister-in-law (Devrani) as a member of joint Hindu family. It is also not disputed that appellant/husband is Constable in S.A.F., posted at Police Headquarters, Jahangirabad, Bhopal.

3. Brief facts as unfolded in petition filed by the appellant are that at the time of marriage, appellant/husband was serving in military and after sometime of marriage, he has left military service. After marriage, respondent/wife has gone to her parents and after six months, she came back to live with the appellant/husband and after sometime, she went away to live with her maternal uncle-in-law (Mama Sasur). Respondent told to appellant that she did not like him as he consumes liquor. When he refuted the consumption of liquor, she again alleged that appellant/husband might have developed relationship with other women. She was not showing any interest in marital relationship. She was not showing any interest in feeling of attachment with the appellant/husband. Even she was not happy when she became pregnant. Due to this, appellant/husband also became uninterested in the respondent and after completing his M.A. examination, he joined police services. Respondent/wife lived in matrimonial house at Kampel and never enquired about the appellant/husband. After giving birth to male child on 18.12.2002, the appellant/husband went to meet respondent/wife in the hospital, but she had gone to parental house and after living for about 7 months came back to matrimonial house. Despite making efforts, respondent/wife did not contact appellant/husband. In the year 2004, appellant/husband posted at Neemuch and when he asked respondent/wife to live with him at Neemuch, she clearly refused to reside with him stating that she did not like him. She was not ready to fulfill marital obligations. In the year 2006, appellant/husband came to Indore and taking a room on rent, started living with his uncle N.R. Choudhary. He also admitted his son in the school, but during this period, respondent/wife was picking quarrel with him alleging him of bad character and was pressurising him to live in her matrimonial or parental house. Despite repeated advice, she did not mend her ways, therefore, he was constrained to send her to matrimonial house. Since 2006 both of them are living separately. She has deserted her without sufficient reasons, therefore, petition under Section 13 (1)(1-a)