AVINASH KUMAR Vs. SARITA DEVI

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 19(1) of the Family Courts Act, 1984, assailing the judgment and decree, dtd. 5/7/2023, passed by the learned Principal Judge, Family Court, Vaishali at Hajipur, in Matrimonial (Divorce) Case No. 222 of 2017, whereby and whereunder the petition filed by the appellant-husband, seeking dissolution of his marriage with the respondent-wife on the grounds of cruelty and desertion came to be dismissed. The learned Family Court, upon consideration of the pleadings and evidence, adduced by the parties, recorded findings against the appellant on the issues of cruelty and desertion and consequently declined to grant a decree of divorce.

(2.) The marriage between the parties was solemnized on 29/6/2001 according to Hindu rites and customs. A male child, namely Om Kumar, was born out of the wedlock on 23/10/2004. The parties have admittedly been living separately for several years. The appellant instituted the matrimonial proceeding, alleging, inter alia, that the respondent had treated him and his family members with cruelty, had assaulted and abused him, had misbehaved with his family members and had deserted him by leaving the matrimonial home and refusing to resume cohabitation. Among the allegations made by the appellant, it was also an allegation that the respondent was maintaining an illicit relationship with her alleged brother-in-law.

(3.) The respondent contested the proceeding and denied the allegations of cruelty and desertion. Her case was that she had been subjected to ill-treatment and demand of dowry by the appellant and his family members and had ultimately been ousted from the matrimonial home. She asserted that she had never voluntarily deserted the appellant and, on the contrary, had always remained willing to resume matrimonial life with him. She also specifically denied the allegation concerning any illicit relationship with a brother-inlaw, stating that she had no such brother-in-law.