R.P.VYAS, J. - (1.) This Civil Miscellaneous Appeal is directed against the Judgment and Decree dated 14.7.2004, passed by the Judge, Family Court, Jodhpur, whereby the divorce petition filed by the appellant Purshotam Dass under Section 13 (1) (i) (ia) (iii) of the Hindu Marriage Act, 1955, has been dismissed on the ground that the appellant has failed to produce any cogent and convincing evidence before the Family Court, which may persuade it to hold that the cruelty has been committed by the respondent-wife.
(2.) Brief facts, giving rise to the instant appeal, are that on 15.11.1997, the appellant Purshotam Dass filed a petition for dissolution of marriage solemnized between the parties on 15.2.1989 on the ground that the respondent-wife, at the time of the marriage, was suffering from incurable skin disease and mental disorder and this fact was suppressed by the parents of the respondent-wife. It was also averred in the petition that the behaviour of the respondent-wife was cruel towards the appellant-husband and his family members. Not only that, but she has also attempted to commit suicide by pouring Kerosene on her body and she has also threatened to commit suicide by jumping from the roof of the matrimonial house. On 18.10.1997, the respondent-wife executed an agreement on the stamp paper of Rs.100/- that she is voluntarily leaving the house of her husband-Purshotamdas at Barmer and is going to Jodhpur. Whatever house-hold items given to her by her parents at the time of marriage, are being taken by her to Jodhpur. She further stated in the written agreement that she does not want to remain in Barmer as she does not feel happy there. She also stated that she has requested her husband to leave Barmer and come down and settle at Jodhpur, but he did not accede to her request as he is a bonafide resident of Barmer and is carrying on business there. She stated that out of three daughters, two elder daughters can live with her husband and she wants to retain the youngest daughter Meghna with her. Lastly, she stated that she would be continuously receiving Rs.700/- per month as maintenance allowance for herself and her youngest daughter Meghna. No-one from her in-laws' side has pressurised her to leave Barmer and settle down at Jodhpur.
(3.) On the basis of the pleadings of the parties, the learned Family Court framed the issues to the effect that whether the respondent-wife has committed cruelty with the appellanthusband as alleged in the petition. If so, then whether the appellant-petitioner-husband is entitled to get the decree of divorce against the respondent-wife.;