- (1.) Heard learned counsel for the appellant. Respondent did not appear despite service of notice pre-admission and postadmission.
(2.) Appellant is the husband aggrieved by the dismissal of Matrimonial Suit No. 86 of 2010 by judgment dated 25.08.2015, rendered by the learned Principal Judge, Family Court, Sahibganj, whereunder, the suit for dissolution of marriage with the respondent on grounds of adultery and cruelty in terms of Section 13(1) (i) (i-a) has been dismissed.
(3.) As per the case of the petitioner-husband, the spouses led their conjugal life peacefully for about 2 months after their marriage on 26.02.2009 at Sahibganj solemnized as per Hindu rites and customs. When he went to Delhi to earn livelihood, she started treating his parents with cruelty. He is the only son but the respondent wanted to live with her only. She was unwilling to adjust in the family though he had no independent income. This led to ugly scenes by her. Her brother was requested to take her back which he reluctantly did. In a panchayati held on 18.05.2010, she and her family members accepted their fault. Thereafter, she came to her matrimonial home on 02.07.2010 when she stayed there for 25 days. Petitioner's mother suspected pregnancy and took her for medical examination. Her urine test revealed 2 months pregnancy. She used medicine for abortion but when her condition deteriorated she implicated her mother-in-law. Petitioner believed that her pregnancy was not out of the wedlock with him. She had assaulted the petitioner and his parents several times earlier regarding which injury report dated 15.09.2010 has been attached. He refers to an incidence of 14.11.2010 when the petitioner tried to switch off the television set as it was causing inconvenience due to loud voice. She got annoyed and physically assaulted him and thereafter went to her paternal house with ornaments and valuables. On 14.11.2010, his conjugal life came to an end. There is no possibility of restitution. Her brother and the respondent were adamant to ruin his family, therefore, he sought a decree of divorce.;