SUSHIL KUMAR TRIVEDI Vs. RICHA

JUDGEMENT

(1.) This appeal under Sec. 19 (1) of the Family Courts Act, 1984 has been filed by the husband/appellant, assailing the judgment and order dtd. 3/4/2021 passed by the Additional Principal Judge, Family Court, Court No. 2, Unnao (hereinafter referred to as 'trial Court'), whereby Matrimonial Case No. 433 of 2016 : Sushil Kumar Trivedi vs. Smt. Raicha, seeking to dissolve the marriage under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act, 1955') was dismissed.

(2.) The appellant/husband instituted a suit (Matrimonial Case No. 433 of 2016) against the respondent/wife under Sec. 13 of the Act, 1955 to obtain a decree of divorce mainly on the ground of cruelty, breakdown of their marriage due to mental torture suffered by the appellant and further, that cruelty was of a kind that the appellant could not be expected to live with the respondent.

(3.) It was pleaded in the plaint that the appellant, Sushil Kumar Trivedi, got married to Smt Richa (respondent herein) in accordance with Hindu rites and rituals. After marriage, respondent came to matrimonial house and lived peacefully for two months and thereafter behaviour of the respondent towards the appellant and his parents was not good and she started quarreling over every issue. According to the appellant, although he took full care of the respondent as per her comfort and convenience but even then the behaviour of the respondent was always aggressive and cruel towards the appellant. It was also alleged in the plaint that appellant tried his best to convince the respondent, but the respondent used to quarrel and go away to her parents' house. It was also alleged that on 20/5/2012, at 06:00 p.m., the respondent came along with her step mother Usha, her aunt Sunita and Bitto and one woman to the house of the appellant in his absence and they forcefully snatched key of the box from the appellant's mother and took away the gold, silver jewellery worth about one lakh rupees and clothes and also insulted the appellant's mother by using abusive languages and also threatened that if any action was taken against them, they would kill the appellant and after the said incident, the respondent had no relation with the appellant and even she did not want to live with the appellant. On 23/5/2012, the appellant complained about the aforesaid incident to the Superintendent of Police as well as Station House Officer, Gangahat personally and through post.