RANCHI, India, Dec. 14 -- Jharkhand High Court issued the following order on Nov. 14:

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 20th December, 2023 (decree sealed and signed on 12th January, 2024) passed by the learned Principal Judge, Family Court, Hazaribagh in Original Suit No. 119 of 2023, whereby and whereunder, the petition filed under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 by the appellant/petitioner seeking a decree of divorce against his wife, has been dismissed.

Factual Matrix

2. The brief facts of the case leading to filing of the divorce petition by the appellant/petitioner needs to be referred herein as under:

It is the case of the appellant/petitioner that the marriage of the appellant/petitioner with the respondent-wife was solemnized on 27.04.2013 as per Hindu rites and custom at Agrasen Bhawan, Daltonganj, District-Palamau (Jharkhand). After marriage, the respondentwife led conjugal life in her matrimonial house at Daltonganj, Palamau, till November, 2016. Now, the parties are not living together.

It is the further case of the appellant/petitioner that the respondentwife had filed Maintenance Case No.217 of 2022 before the same Court, which was dismissed on contest, however, she had filed maintenance case only after acknowledgement of notice of divorce suit.

It is the further case of the appellant/petitioner that on the day of Chauthari, i.e., on 29.04.2013, she started demanding fridge and in default, she destroyed household articles and was asking for divorce. She never cooked meal and not discharged her household duties. She was blaming the appellant/petitioner as impotent. On several occasion, the appellant/petitioner and his father approached the respondent-wife and her family members for resumption of conjugal life but she refused.

He thereafter again approached her for resumption of conjugal life on 01.06.2022 at Hazaribag where she was running a Beauty Parlour under the name and style of "Lorial Professional Saloon" but she refused to resume conjugal life. She was insisting to live separately. Therefore, the appellant/petitioner has prayed for divorce on the ground of cruelty and desertion.

After notice the respondent-wife appeared and had filed a written statement wherein she raised defences and she denied the case of petitioner-husband except filing of the said Maintenance case and submitted further that in the marriage, sufficient dowry etc. were given but in matrimonial house, she was treated with cruelty in demand of further dowry. It has further been submitted that She was visiting her matrimonial house but in December, 2021 she was refused to enter into the house of the petitioner/appellant. She never refused resumption of conjugal life and still willing to resume conjugal life. It has further been stated that the appellant/petitioner runs business of tobacco and earns Rs.70,000 to 80,000/- per month.

3. It is evident from the factual aspect that the appellant/petitioner had a motion by filing a petition under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for decree of divorce on the ground of cruelty and desertion.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLglsGF1KIkNAJbz%2Fc5s39o%2FiFjSl5n5dmD0foNd425V&caseno=FA/10/2024&cCode=1&cino=JHHC010022852024&state_code=7&appFlag=)

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