- (1.) THE parties are present in person with their respective counsel. At the request and with the consent of the parties, this appeal is taken up for final disposal at this stage itself.
(2.) THE appellant and the respondent in this appeal are parties to a failed Hindu marriage that was solemnized between them on 28.04.1998. A girl child was born out of the wedlock, who is residing with the respondent wife. On 06.08.2005, the appellant husband filed the petition seeking dissolution of marriage by a decree of divorce with the allegations that the respondent had treated him with cruelty and had deserted him; and there was no likelihood of the parties living together as husband and wife.
(3.) THE respondent wife contested the petition while leveling counter allegations of cruelty on the appellant husband and also pointed out that she had filed the proceedings against the husband for maintenance and also launched prosecution for offences under Section 498 A and 406 IPC against the husband and his family members.;