- (1.) Heard learned counsel for the parties.
(2.) Appellant is the husband aggrieved by the dismissal of M.T.S. No. 176 of 2010 by judgment dated 04.02.2017, passed by the learned Principal Judge, Family Court, Hazaribag, whereunder his prayer to dissolve the marriage by a decree of divorce on grounds of desertion and cruelty has been rejected.
(3.) Petitioner/ appellant herein pleaded before the Family Court, inter alia, as follows: The marriage between the parties was solemnized on 29.06.2006 at Village- Sandh, PS- Barkagaon, District- Hazaribag as per Hindu rites and customs. They lived together as husband and wife at VillageKachanpur, PS-Katkamsandi, District-Hazaribag. A daughter aged 3 years and 4 months was born out of the wedlock, named, Jigyasha and is residing with him. He tried to keep the respondent-wife with full honour and dignity but she remained unhappy in her marital house. When she fell ill, he got her treated at Sadar Hospital, Hazaribag and thereafter on being referred at Nagarmal Modi Sewa Sadan, Ranchi. She was detected suffering from Brain T.B., which he got her treated and after recovery, she came back to matrimonial house in September, 2007 but did not agree to live with him. She asked him to stay as "Ghar Jamai" in her paternal house at Village-Sandh, which became the root cause of differences. She did not allow him intercourse thereafter. She fled away to her parental house with all belongings. Despite several efforts, she refused to come back. Despite a panchayati, when she came back to the matrimonial house, she again refused to have intercourse and fled away after few days leaving her daughter. In June, 2008, she filed a criminal case under Sections 498A/ 120B/380/ 323/ 307/ 328 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act before the learned CJM, Hazaribag against the petitioner, his parents and brother being Complaint Case No. 811 of 2008, which was registered as Katkamsandi P.S. Case No. 162 of 2008. Petitioner and his father suffered incarceration and were later on released on bail. Due to reconciliation, she came back to the matrimonial house but despite her being maintained with full dignity, she did not allow intercourse. Father of the petitioner partitioned his properties and gave his share in June, 2009 but thereafter she again fled to her parental house. After investigation, police submitted final form finding the allegation as false. She again filed false complaint case in Katkamsandi P.S. in September, 2009 with concocted allegation where both the parties were called for settlement. She came back to her matrimonial house but did not allow him intercourse. Her father and relatives came on 11.09.2009 and abused and assaulted the mother of the petitioner. They committed theft of jewelleries and cash of Rs.15,000/- which led to filing of a complaint before the learned CJM, Hazaribag by his mother. Since 11.09.2009, she has been residing in her parental house and refused to come back in spite of best efforts. She committed serious cruelties on him and has dashed all hopes of reunion. Therefore, he prayed for decree of divorce.;