PARVEEN KUMAR CHOUDHARY Vs. ARCHANA CHOUDHARY

JUDGEMENT

(1.) Heard the parties.

(2.) The present appeal has been filed under Sec. 19(1) of the Family Court Act, 1984 impugning the judgment and decree dtd. 27/4/2016 passed by learned Principal Judge, Family Court, Hajipur, Vaishali in Divorce Case No. 33/2013/24/2010, whereby the matrimonial suit, preferred by the appellant, for a decree of divorce, on dissolution of marriage, on the ground of cruelty and desertion, has been dismissed.

(3.) The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant was solemnized with respondent No.1 Archana Chaudhary on 9/3/2008. After marriage, the appellant and respondent No. 1 started living a happy married life in Village-Chahuta (Bandhopatti) but after few months, the behaviour of respondent no. 1 towards the appellant-husband and other in-laws became changed and she started using abusive and filthy languages against her in-laws and the appellant. When the appellant requested the respondent No. 1 to mend her behavior, she threatened to commit suicide or she would administer poison to him. In July, 2008, respondent No. 2 (father of respondent No. 1) came to the house of the appellant and requested him for Bidagari of respondent No. 1. After Bidagari of respondent No. 1, she went to her Village-Anandpur, Sohora to perform Madhushrawani festival. After festival, the appellant requested for Bidagari of respondent No. 1 but respondent No. 2 refused to send respondent No. 1 to her in-laws place at Village-Chahuta (Bandhopatti) and took her to his place of service at Patna without consent of the appellant-husband. Fortunately, a male child was born out of the wedlock on 15/1/2009. On the occasion of Chhathihar of his grandson, the father of the appellant went to Patna and requested respondent No. 2 to fix a date for Bidagari but he refused to the proposal of father of the appellant and told to send the appellant for Bidagari. The appellant, thereafter went at the residence of his father-in-law in Patna and requested respondent No. 2 to fix a date for Bidagari but respondent No. 2 refused to send his daughter (respondent No. 1) with him to his village. He abused by using filthy languages and threatened him to implicate in a false case. The appellant was offered to live with respondent No. 1 at his in-laws residence. The respondent No. 1 also refused to to cohabit with the appellant whenever he demanded for it.