ORAL JUDGMENT

10/Dated: 10th February, 2023 Per Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 18.08.2018 passed in Original Suit No. 632 of 2016 by the learned Principal Judge, Family Court, Ranchi, whereby and whereunder, the suit filed for dissolution of marriage by the wife against the husband under Section 13(1)(ia), (ib) of the Hindu Marriage Act, 1955 hereinafter referred to as the Act, 1955 has been dismissed.

2. The brief facts of the case as per the pleading made by the petitioner in an application filed under Section 13(1)(ia), (ib) and (1A) of the Hindu Marriage Act, 1955 hereinafter referred to as the Act, 1955, reads as under:

It is the case of the appellant that her marriage was solemnized with respondent on 24.05.2013 according to Hindu rites and customs, at Bokaro. At the time of marriage an amount of Rs.7.5 lakh was transferred to the Bank account of respondent as well as household article and Jewelries worth Rs.8 lakhs were given. But from the first day of marriage the respondent/husband and his family members stared torturing her mentally for bringing less dowry. The elder sister of respondent also captured her ornaments and respondent and his family members asked her to bring 50 tola gold and Rs.2 lakhs as dowry but due to intervention of the family members of petitioner the matter was resolved. Thereafter, the respondent took the petitioner to his working place at Delhi and after one week the elder sister of the respondent also reached Delhi and started living with them.

It is the specific case of the petitioner that one day the petitioner saw her husband and his sister-Nirmala Devi in objectionable position. They in order to conceal their illicit relation started assaulting the petitioner and confined her in a room. They also kicked her out from the house on 01.11.2014 and after taking loan from neighbor she came to Ranchi and since then she is living at her parental house. The family members and well-wishers tried to resolve the dispute, but it went in vain.

It is also the case of the petitioner that she is unemployed having no source of income to maintain herself and is fully dependent upon her mother and younger brother, as her father is no more. The petitioner also tried to resolve the dispute before Mediation Centre, Ranchi in ABP No.326/2016, but it also went in vain. The cause of action arose on

01.11.2014 when respondent ousted the petitioner from his house.

3. The learned family judge has called upon the respondent-husband and after framing altogether five issues has dismissed the suit on contest on the ground that the ground seeking divorce has not been found to be established after going through the testimony of the parties.

4. Mr. Kalyan Banerjee, learned counsel for the appellant-wife has taken the ground that while dismissing the suit, the learned family judge has not appreciated the evidence in right perspective and from its perusal it is evident that the charges of having illicit immoral relationship, cruelty and desertion has found corroboration, but the same has not been considered merely on the ground that the issue of cruelty and desertion cannot be said to be proved on the basis of testimony since the same has been considered to be a general nature of allegation. Since the allegation of cruelty is based upon the allegation regarding demand of dowry, as such, the same has been considered to be not conclusively been proved.

It has further been submitted that even the allegation of desertion has not been found to be proved by the learned family judge due to wrong appreciation of the testimony of the witnesses wherein the specific testimony has come regarding the desertion by the husband who has ousted the appellant from her matrimonial house but the same has also been considered to be bald statement since the said allegation has not found to be established by taking into consideration the testimony which h