- (1.) Heard learned counsel for the parties.
(2.) Appellant is the husband aggrieved by the dismissal of his Matrimonial Suit No. 138 of 2007 by the learned Court of Principal Judge, Family Court, East Singhbhum at Jamshedpur by judgment dated 28.04.2016, decree dated 12.05.2016 whereunder the suit for divorce instituted on grounds of adultery and cruelty in terms of Section 13(1) (i-a) of the Hindu Marriage Act was dismissed.
(3.) Brief facts of the rival parties as are culled out from the pleadings on record are being referred to hereinafter for appreciating the issues in controversies. Parties entered into nuptial knot on 15.07.1985 as per Hindu rituals. No issue was born out of the wedlock. Appellant alleged repeated taunt and sarcastic remarks by the respondent and fault finding nature. She used to threaten him of implication in false cases and destroy his life and career. Efforts to mend her ways failed. She alleged illicit relationship of the petitioner with other woman and used to abuse him in filthy language. Since 11.05.2007 i.e. one month prior to filing of the present suit, petitioner left the house and had been living separately with his mother. He had also filed informatory petition against the respondent before the learned CJM, Jamshedpur. He was working as Driver in South-Eastern Railway and his long duty hours kept on varying as per train timings. He had suffered enough on account of physical and mental cruelty which had compelled him to seek a decree of divorce.;