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B. Factual Matrix (2) The appellant/husband instituted a suit (Matrimonial Case No. 433 of 2016) against the respondent/wife under Section 13 of the Act, 1955 to obtain a decree of divorce mainly on the ground of cruelty, breakdown of their marriage due to mental torture suffered by the appellant and further, that cruelty was of a kind that the appellant could not be expected to live with the respondent.

(3) It was pleaded in the plaint that the appellant, Sushil Kumar Trivedi, got married to Smt Richa (respondent herein) in accordance with Hindu rites and rituals. After marriage, respondent came to matrimonial house and lived peacefully for two months and thereafter behaviour of the respondent towards the appellant and his parents was not good and she started quarreling over every issue. According to the appellant, although he took full care of the respondent as per her comfort and convenience but even then the behaviour of the respondent was always aggressive and cruel towards the appellant. It was also alleged in the plaint that appellant tried his best to convince the respondent, but the respondent used to quarrel and go away to her parents' house. It was also alleged that on 20.05.2012, at 06:00 p.m., the respondent came along with her step mother Usha, her aunt Sunita and Bitto and one woman to the house of the appellant in his absence and they forcefully snatched key of the box from the appellant's mother and took away the gold, silver jewellery worth about one lakh rupees and clothes and also insulted the appellant's mother by using abusive languages and also threatened that if any action was taken against them, they would kill the appellant and after the said incident, the respondent had no relation with the appellant and even she did not want to live with the appellant. On 23.05.2012, the appellant complained about the aforesaid incident to the Superintendent of Police as well as Station House Officer, Gangahat personally and through post.

(7) In her written statement, the respondent/wife has categorically denied the grounds pleaded by the appellant, and has specifically pleaded that the appellant and his family members were demanding dowry and also tortured and threatened to kill her, in case demand of dowry was not fulfilled. It was also pleaded by the respondent/wife that ever since she came to her matrimonial house, she maintained her marital relationship with the appellant. She kept pleading with folded hands to the appellant and his parents but the appellant and his family members always misbehaved with her and sometimes even locked her in the room and kept her hungry. It has been also stated by the respondent/wife that she did not go to parental home without informing the appellant. On 20.05.2012, her mother did not go to the house of appellant nor her father went to the house of the appellant in March, 2014. She also pleaded that her husband/appellant filed a suit under Section 9 of the Act, 1955, in which she appeared and has also filed an application under Section 24 of the Act, 1955 and thereafter, appellant himself withdrew the aforesaid suit. It was also pleaded that on 26.03.2024, the appellant and his family members assaulted her and by using abusive languages, the appellant threatened her for her life, upon which she informed her parents and then her father, uncle and other relatives came to the house of the appellant, but the appellant and his family members kept her jewellery and threw her out of the house and threatened to kill her if she took any action. She also pleaded that she is a student of L.LB and she is able to think about her own well being and she does not want to end her married life under any circumstances.

(29) It is well-settled that the expression 'cruelty' includes both (i) physical cruelty; and (ii) mental cruelty. The onus was on the plaintiff/appellant to prove cruel treatment by the defendant/ respondent. Appellant/P.W.1 has stated that his wife/ respondent herein remained faithful for three months of marriage but after that nature of his wife became aggressive. His statement shows that there was a dispute after two months of marriage. In para-5 of the affidavit filed by the appellant, he has stated that on 20.05.2012, at about 06:00 p.m., his wife along with step mother Usha, aunt Sunita and Bitto and another woman came to his house in his absence and snatched away the key of box from his mother, took gold, silver jewellery worth of Rs.1,00,000/- and clothes from almirah and also used abusive languages against his mother and threatened his mother that if report be made, then she and her son would be killed. It was also pleaded that his wife told his mother that she had no concern with her son nor she would live with him. It was stated by the appellant/P.W.1 that the aforesaid incident was reported by him to the Superintendent of Police and Station House Officer, Gangaghat personally and through post. The mother of the appellant was also examined as P.W.2, wherein she has reiterated aforesaid averments in para-5 of her affidavit.