Mental cruelty requires substantial evidence; trivial marital disputes do not justify divorce. Courts emphasize mutual tolerance and comprehensive assessment of conduct over time in marriage.

JUDGMENT :

Binod Kumar Dwivedi, J.

This appeal under Section 19 of the FAMILY COURTS ACT (for short hereinafter referred to as 'Act') has been filed assailing the judgment and decree dated 22.03.2014 passed in H.M.A.Case No.311/2012 wherein the learned Principal Judge, Family Court, Indore has dismissed the divorce petition of the appellant/husband filed under Section 13 of the HINDU MARRIAGE ACT ,1955 (for short hereinafter referred to as 'HMA').

2. It is undisputed that the appellant was married to respondent/wife on 03.02.2006 as per Hindu rites and rituals and after marriage she gave birth to a girl child on 10.01.2007 and the child is currently residing with the respondent/wife.

3. The brief facts of the case are that respondent's sister resides in Dewas and the respondent often visits her place to meet sister's husband Ratnesh with whom she has developed illicit relationship. When she was objected by the appellant/husband from going to Dewas, she picked up quarrel with him. On 23.01.2009 at 11:30 P.M. the respondent threatened to implicate him and his family members in false case and tried to commit suicide by hanging herself. The appellant prevented her from doing so and called up her parents in Indore to inform them about the said incident, but they did not turn up. Therefore, the maternal uncle of the respondent residing in Ujain was called up. On receiving information, he came to appellant's house along with his wife and tried to reconcile the matter. The respondent did not listen to them and uttered that she will not live with the appellant and if she is forced to do so she will commit suicide. The behaviour of the respondent was very rude to her in-laws. She used to rebuke them without any reason. She also prevented the appellant from physical relationship. On 28.05.2009 the respondent left her matrimonial house and came to her parents house at Indore and she is residing with her parents ever since then. The respondent left the company of the appellant without good and sufficient reason and due to her cruel behaviour there is no possibility for the appellant to live with her anymore.

4. The appellant filed divorce petition before the Family Court wherein on notice, respondent appeared and filed reply denying all the averments and allegations and prayed for rejection of the case. The learned Family Court passed the impugned judgment and decree and dismissed the divorce petition of the appellant. Hence, this first appeal has been filed assailing the impugned judgment and decree.

5. Learned counsel for the appellant/husband submits that the learned Family Court failed to appreciate the evidence available on record in right perspective. Appellant-Shailendra Gupta (PW-1) in his statement before the Court has made out a case of cruelty against the respondent for grant of decree of divorce, but the learned Family Court had failed to appreciate the same. The judgment and decree passed by the learned Family Court is based on conjectures and surmises. The legal evidence available on record has been ignored, therefore, the impugned judgment and decree is suffering from factual and legal error. Hence, prays for allowing the appeal by setting aside the impugned judgment and decree and granting a decree of divorce.

6. Per contra, learned counsel for the respondent/wife has supported the impugned judgment and decree passed by the learned Family Court stating that the allegations raised against her are baseless and the same have not been found substantiated by evidence. The appellant is trying to take benefit of his own errant behaviour whereby he has levelled ir