Uttaranchal High Court: The Division Bench of Alok Singh and Ravindra Maithani, JJ. contemplated the present appeal filed by the appellant-husband, where the order passed by the Family Court dismissing a suit for divorce was challenged.
Factual matrix of the appeal was that marriage was solemnized between the parties in 2007. The appellant contended that the alleged behavior of the respondent – wife was not good towards the husband and his family members. Marriage was solemnized against the wishes of the respondent. She threatened them to implicate in a false case of dowry and treated them with cruelty. It was further contended that a divorce petition on the said grounds of cruelty was filed by the appellant and was subsequently dismissed by the trial Court. Appellant sought dissolution of marriage mainly on two counts viz. cruelty and desertion.
P.K. Chauhan, Advocate for the appellant submitted that the learned trial Court failed to appreciate the evidence available on record in the right perspective and had attained a wrong conclusion. Thus, impugned judgment and decree was liable to set aside and decree of divorce was to be granted.
The Court placed reliance on the judgments of Supreme Court in Ramchander v. Ananta, (2015) 11 SCC 539 and Adhyatma Alwar v. Adhyatma Bhattar Sri Devi, (2002) 1 SCC 308, where the Court explained the scope of ‘cruelty’ and ‘desertion’.
The Court observed that in the present case, in order to prove cruelty at the hands of wife, the appellant stated that the respondent used to quarrel with him. She maltreated him and his family members. It was alleged that she threatened them to implicate in false case of dowry. The Court further found no evidence to prove desertion or cruelty by the respondent as was stated in the plaint. The Court stated that, the appellant made bald allegations against the respondent. Appellant failed to point out the cause of quarrel. It was further noted that, respondent did not want to marry him but in the statement on oath he himself admitted that he did not want to marry with her. Appellant stated that their marriage was solemnized without any dowry but his father himself contradicted his statement. He stated that respondent’s father gave Rs 30,000 – 40,000 in the marriage. Court took note that appellant husband had completed his B.Sc. but was still unemployed and hence the conduct of the appellant revealed that appellant was not interested to shoulder his responsibility. Court concluded that appellant has failed to prove cruelty and desertion at the hands of respondent – wife. Accordingly, appeal failed and was dismissed. [Deepak Kumar v. Meena, 2019 SCC OnLine Utt 546, decided on 01-07-2019]
