RANCHI, India, Nov. 28 -- Jharkhand High Court issued the following order on Oct. 30:

1. The instant appeal under Section 19 of the Family Courts Act, 1984 is directed against the order/judgment dated 31.03.2022 passed by the learned Principal District Judge, Khunti in Matrimonial Case No. 04 of 2021, whereby and whereunder, the learned court has allowed the matrimonial suit filed by the respondent herein by dissolving the marriage solemnized in between the parties.

2. The brief facts of the case as per the original matrimonial suit needs to be referred herein as under:

The marriage of appellant and opposite party was solemnized on 28.04.2016 at Rajasthan Bhawan, Khunti according to Hindu Rites and custom and after the marriage appellant and respondent started their conjugal life at Village- Murhu Basti, PS-Murhu, District-Khunti.

The marriage of appellant and respondent was solemnized with each other without any dowry and after the marriage, the appellant was taken by respondent to her matrimonial Home at Murhu Basti, PS Murhu, District Khunti. The respondent could detect the reason of unhappiness and dissatisfaction of appellant towards her husband and respondent due to his quite black complexion while the appellant having fair complexion and for this appellant always haunting into her mind being the reason of her dissatisfaction from right to her arrival in her matrimonial house and she was not discharging her moral duties towards father-in-law and mother-in-law and she was also found in absence and fickle mind many times.

Further, after marriage, the appellant declined to share the bed and remained silent without giving any response to the respondent. Further, the appellant was very much interested to talk to another man familiar to the family of respondent but from the core of her heart she was not willing and accepting the respondent to lead her conjugal life as husband and wife although, the respondent tried his level best to make appellant happy by giving and offering any items so demanded by the appellant.

Lastly, appellant separated her bed from the bed room of her husband/respondent and whenever respondent did try to convince the appellant for consummating marriage with a view to establish physical relationship with appellant which was strongly and violently opposed by her resulting which respondent suffered serious frustration due to this unbearable shock.

Further, the respondent in his divorce petition has stated that in spite of the aforesaid conduct of the appellant, the respondent heard that the appellant will change herself in near future but behavioral approach of appellant was not rectified and changed even though respondent provided every comfort and made possible arrangement for felicity of life of appellant despite of the fact of her negligence in discharging her moral duties towards the respondent and her in-laws. Lastly, the appellant disclosed before the respondent that she had absolutely no interest to lead conjugal life with the respondent and thereby the respondent was subjected to mental cruelty.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpAl4vqK1WRmn%2F97WfUbWJUKBlCtuBW7Tl%2Fb72YNGNxXB&caseno=FA/275/2023&cCode=1&cino=JHHC010374362023&state_code=7&appFlag=)

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