(1.) THIS is wife's appeal challenging the order of the Family Court allowing the petition filed under Section 13(1)(1a)(1b) of Hindu Marriage Act, 1955.
(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the MC petition.
(3.) THE brother of the petitioner along with his family moved to a separate house to accommodate the petitioner to resolve the marital issue. Thereafter, when the petitioner approached the respondent and requested her to return, she refused and stated that she is not interested to lead marital life with the petitioner. She is residing separately at her father's house for the past more than two years. On many occasions she had denied to come back to the marital home and caused cruelty on the petitioner by refusing to cohabit with him. She was also threatening of filing a dowry harassment case against the petitioner and his family members. She never tried to lead a normal marital life and co -operated with the petitioner in leading marital life. The petitioner does not want to suffer any more and he is not at all ready to continue the relationship with the respondent. Therefore, he filed a petition for divorce.