SANDIP PRASAD Vs. SARITA DEVI

JUDGEMENT

(1.) Prayer: 1. The instant appeal under Sec. 19(1) of the Family Court Act, 1984 is directed against the order/judgment dtd. 3/12/2024 and decree signed on 7/12/2024 passed by the learned Principal Judge, Family Court, Latehar in Original Suit No. 05 of 2024, whereby and whereunder, the suit filed under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 seeking a decree of divorce by the appellant-husband against the respondent-wife, has been dismissed. Brief facts of the case:

(2.) The brief facts of the case, as taken note in the impugned order, needs to be referred herein, which reads as under:

(3.) It is the case of the appellant-husband that marriage was solemnized on 26/4/2008, as per Hindu customary rites and immediately after the marriage they started living their conjugal life but just after a month the respondent-wife started pressurizing him to separate himself from his parents. The pressure was denied by the appellant as a result of which the behaviour of the respondent-wife became arrogant and she started picking quarrel with the appellant-husband and his parents. Thereafter, the respondent-wife raised a Complaint Case being Complaint Case No.157/2011 against the petitioner and his entire family members who were arraigned as accused. It is stated that in the said complaint case the appellant and his family members were acquitted and thus it is proved that they were arraigned in false case. It is stated that institution of false case in matrimonial disputes amounts to cruelty and thus the respondent has subjected him to cruelty by instituting false case against him. It is further stated that in the said complaint case there was an amicable settlement between the parties and out of the settlement the appellant-husband paid Rs.2,00,000.00 to the respondent as one-time permanent alimony and both the parties agreed to part their ways. Later on the respondent-wife filed a Maintenance Case against the appellant-husband even though she had received a one-time alimony in the previous settlement in the complaint case and thus the respondent has treated the petitioner with cruelty and by filing the present suit in which he has prayed for dissolution of marriage by a decree of divorce.