- (1.) This appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as "Act, 1984") has come up against judgement and decree dated 27.9.2006 passed by Principal Judge, Family Court, Gorakhpur, dismissing the Suit No. 54 of 2003 filed by appellant under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955"), seeking a decree of divorce on the ground of cruelty. Brief facts giving rise to this appeal are that: "Plaintiff-appellant (hereinafter referred to as "appellant") filed a suit under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") against defendants-respondents (hereinafter referred to as "respondents"), which was registered as Family Suit No. 54 of 2003. As per allegations made in the plaint, marriage between appellant and respondent was solemnized in accordance with Hindu rites and customs on 10.12.1999. After marriage, respondent remained with appellant's house only for few days and during the said stay, brother and father of respondent also came to meet her. Respondent was reluctant in consummation of marriage and her behaviour against appellant as well as his family members was very bad and cruel and appellant could not succeed in consummation of marriage during above said period. The behaviour of respondent remained cruel with family of appellant and appellant remained under mental tension due to non consummation of marriage with the respondent. Respondent became pregnant during this period. However, respondent was not happy with pregnancy as she was not interested having a child at this stage and asking appellant and his family to send her parents house. Appellant and his family members tried to keep her in their house and they were also under impression that if she was send to her parent's house, she will make effort to get the child abort. Due to this fact, the behaviour of respondent with appellant and his family members became more cruel and hostile and she started quarrelling with appellant as well as other family members and in order to cause physical and mental cruelty, respondent started using abusive language against them and when appellant and his family members tried to talk to the parents of respondent regarding her misbehaviour and conduct instead of giving any advice to respondent, parents of respondents encouraged the respondent. They also pressurized the appellant to send the respondent to her parents house. In order to keep peace, appellant send respondent to her parent's house on the occasion of Rakshabandhan and respondent left the house of appellant and took all jewellery and cash alongwith with her. After Rakshabandhan, appellant tried to take the respondent to her house but she refused to come back. The appellant was forced to serve a notice through registered post to respondent and ask her to come back. Inspite of receiving notice, respondent refused to come back and also sent a wrong reply of notice, through her counsel. Appellant tried to convene meeting of reasonable persons of his community and respondent was also invited in the said meeting alongwith her parents. During the course of meeting, respondent and her parents refused to accept the decision taken and left meeting in midway. Later on, respondent refused to accept decision rendered in the said meeting. The respondent also refused to come back to her in-laws-house and filed a frivolous suit in the Family Court against appellant on the false allegations of demand of dowry. Respondent also moved a complaint in local police station. The appellant and his parents were harassed by local police. Due to above act of respondent, appellant suffered a lot of mental and physical torture. In order to save his parents, appellant forcibly accepted proposal to keep respondent with him. The respondent promised that she will come to the appellant's house. However, she did not turn-up and on the contrary, filed a suit for maintenance under Section 125 Cr.P.C. Respondent finally refused to come with appellant. All these acts of respondent caused serious physical and mental cruelty to appellant and appellant became sick and gone under depression. When marriage of two brothers of appellant settled, In-laws of appellant and respondent pressurized appellant to take back respondent with him. In order to keep peace in family, appellant agreed and respondent came back to house of appellant in order to attend marriage of two brothers of appellant. However, immediately after marriage, she again left house of appellant and want back after a few days. Her medical condition was not good. She had bleeding from her body due to wrong fixation of Copper-T. When she was shown to gynaecologist, was advised to remove the same to which she refused. Even after return to house of appellant, she refuse to cohabit with appellant and also used abusive language against appellant and his family members. After sometime, respondent again left house of appellant and gone to her parent's house and also lodged a forged complaint against appellant and his family members. The appellant's family suffered a lot due to above illegal act of respondent. All these acts of respondent caused mental and physical cruelty of the appellant, which totally ruined life of appellant. Hence, appellant left with no option but to file the suit of divorce under Section 13 of Hindu Marriage Act."
(2.) Respondent appeared in suit and filed her written statement. She denied all allegations made in the plaint except solemnization of marriage. Respondent in her additional plea submitted that soon after the marriage, behaviour of appellant was very cruel against her. The appellant demanded a Indica Car and when she and her family showed them inability to accept the demand of Car, she was assaulted by appellant. Respondent never refused to cohabit with appellant. On the contrary when respondent became pregnant, it was appellant and his family members, who forced respondent to abort the child. When respondent refused to accept illegal demands of appellant, she was thrown out from the house. Ultimately she gave birth to a male child in her parents house on 26.10.2000 in Tiwari Nursing Home, Rajendra Nagar, Gorakhpur. Appellant and his family members were invited after birth of male child. However, appellant and his family members refused to see the face of child.
(3.) Respondent further stated that a Car was given to appellant at the time of marriage. However, appellant sold the car and illegally demanded Indica Car and also sent a wrong notice, which was rightly replied by respondent. All allegations regarding misbehaviour and conduct of respondent are wrong and false. On the contrary, the behaviour of appellant and is family members was very cruel with respondent. All allegations were made in order to break the marriage. Appellant and his family members wanted to take divorce on frivolous ground in order to perform second marriage of appellant. On the contrary, respondent was willing and ready to live with appellant and it was only the appellant, who refused to keep her with him and ultimately, respondent was forced to file suit before Family Judge. She also filed a maintenance suit. However, when appellant assured that he will keep her children, the parties entered into a compromise. In Suit No. 255 of 2001, Family Court restrained appellant from performing second marriage, whereupon appellant and his family members became annoyed and threatened her to face dire consequence. In order to save herself, respondent again moved a complaint before Superintendent of Police, Gorakhpur and on the basis of said complaint, police personnel called both the parties and amicably a settlement arrived between them. Appellant himself was not interested in having second child. Appellant also pressurized respondent to give in writing to Court regarding allegations made by respondent that all these allegations were false. When respondent refused, she was pressurized to do so. However, there were again a settlement arrived between appellant and respondent hence she again went to house of appellant.;