A. SELVAKUMAR Vs. S. BHUVANESHWARI

JUDGEMENT

(1.) The above appeal arises out of the Judgement and Order dated 5th of February, 2020 passed by the Learned Family Court, Port Blair in Matrimonial Suit No. 001 of 2014 (for short the said MAT Suit). The appellant herein, being the husband of the respondent, being the wife herein, had filed the said MAT Suit under Sec. 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short, the 1955 Act), alleging cruelty by the respondent/wife committed against the appellant/husband.

(2.) Before the Learned Trial Court both the parties adduced evidence. The Learned Trial Court, upon examining the pleadings and the evidence recorded, came to the finding that the allegations of cruelty levelled by the appellant against the respondent could not be substantiated by any corroborative evidence. The Learned Trial Court noticed that the desire expressed by of the respondent/wife to stay with her parents at a moment in their lives when she was pregnant, does not amount to cruelty, since such is a normal facet of married life. The only evidence connected to expression of cruelty by the respondent/wife is her statement recorded before the Learned Trial Court in cross-examination to the effect that the appellant is not mentally fit.

(3.) The Learned Trial Court, to the contrary, noticed that the conduct of the appellant/husband was far from contributing to a healthy married life. The appellant/husband could not disclaim knowledge of the fact relating to the respondent's pregnancy since the appellant and the respondent travelled to Port Blair from Havelock at a time with the respondent was six months pregnant. The Learned Trial Court found no convincing ground made out on which a case of cruelty, as alleged by the appellant, could be founded. Mr. Jaypal, Learned Counsel appearing for the appellant/husband, would argue that on several occasions after marriage the appellant/husband was treated with cruelty by the respondent/wife. It has been pointed out by Learned Counsel for the appellant that the sole ground on which this appeal rests is whether or not the respondent/wife has treated the appellant/husband with cruelty which has the effect of nullifying the marital ties.