The court established that unfounded allegations and harassment by one spouse can constitute mental cruelty, justifying a divorce decree under the Divorce Act, 1869.

1. The husband is the appellant before us impugning the judgment and order dated 17.04.2015 passed by the Judge, Family Court at Agartala in Matrimonial proceedings No. TS (Divorce) 305 of 2012 whereby the learned trial court dismissed the petition of the appellant seeking dissolution of marriage with the respondent wife under S.10 of The Divorce Act , 1869 on the ground of cruelty.

2. The appeal was once heard and considered ex parte by this court against the respondent since she did not appear after receiving notice and it was disposed of by order dated 08.03.2017 whereby the appeal was allowed granting decree of divorce in favour of the appellant. Thereafter, on consideration of review petition No. 35 of 2017 filed on behalf of the respondent, the said ex parte order dated 08.03.2017 was recalled by this court by order dated 17.01.2018 passed in review petition No. 35 of 2017 and this matrimonial appeal was heard afresh by us.

3. The undisputed facts are that both the appellant husband and respondent wife are Christians and the marriage between the parties took place on 12.08.2002 according to Christian rights and customs at the Baptist Church at Krishnanagar, Agartala and 2 [two] sons were born to them from their wedlock.

4. The brief facts which are necessary for disposal of the appeal are as under.

5. In his petition presented before the Family Court, the appellant husband stated that right from the beginning quarrel on trivial matters was a daily affair in their conjugal life. Their family members and even the local club members held several sessions of counselling for restoration of normalcy in their relationship but no effort worked. In April, 2009 his respondent wife left him along with their elder son and thereafter she lodged an FIR with the Officer - in - Charge of Women Police Station at Agartala against him, his mother in law and a lady [name withheld] alleging that only a few days after their marriage the appellant husband started torturing her for dowry in connivance with his mother. He demanded Rs.24,000/- in cash and other valuables like refrigerator, washing machine, bike etc. She somehow managed Rs.15,000/- and a bike from her parents and gave the cash and bike to her husband which could not appease his demand and he continued torturing her. She farther alleged in her FIR that her appellant husband also contacted second marriage with the lady named in her FIR and the second wife had also joined her husband in committing physical torture on her. Agartala PS case No. 60 of 2009 under S.498A, S.494 read with S.34 IPC was registered on her complaint against the appellant, his mother and his second wife. During investigation police arrested him and as a result of his detention in custody he was suspended from the Government job. After investigation police submitted charge - sheet against him but his mother could not be sent up for trial for lack of evidence against her. It culminated in case No. GR 314 of 2009 which was tried in the court of Additional Chief Judicial Magistrate, West Tripura, Agartala. The lady, alleged to be the second wife of the appellant, was discharged from the court before the trial begun and the trial proceeded only against the appellant.

6. After conducting trial, the learned Additional Chief Judicial Magistrate found the accused appellant husband not guilty of the charges and acquitted him from those charges. The learned trial court in its judgment and order dated 16.11.2011 in case No. GR 314 of 2009 found as follows:
"Prosecution could not produce any independent witness to support