SHARMA, J. - (1.) INSTANT appeal is directed against the judgment and decree dated 19-8-2002, passed by Judge, Family Court No. 1, Jaipur, whereby the petition filed by the appellant husband under Section 13 of the Hindu Marriage Act for seeking divorce on the ground of cruelty was dismissed.
(2.) THE marriage between the appellant and the respondent took place on 13-2-1986 in Jaipur City as per the Hindu Rites. In the petition before the Judge, Family Court, No. 1, Jaipur, it was alleged by the appellant-husband that the respondent-wife was a lady of quarrelsome nature and she started behaving in a cruel manner with the family members of the appellant from very beginning. She left the house of the appellant along with her child without any information and she always insisted her husband to live in a separate house from her parents to which the appellant was not agreeable. Finally she deserted the appellant-husband in February 1998. It was under the aforesaid extreme circumstances that the petition for a decree of divorce was filed. In reply, the respondent-wife denied the allegations made against her and stated that se was treated cruelly. On 16-5-1999, she was beaten and was turned out of the house. On the basis of the pleadings of the parties, following issues were framed and the parties led their evidence:- (i) Whether the non-petitioner (wife) had treated the petitioner-husband with cruelty as narrated in the petition? (ii) Relief? The main contention of the learned counsel for the appellant is that the trial Judge has not appreciated the evidence led by the parties in right perspective and the finding of the Family Court regarding the issue of cruelty is not sustainable as the evidence led by the appellant was sufficient to come to the conclusion that the respondent had acted in a cruel manner and it became impossible for the appellant to keep the matrimonial ties intact.
(3.) COUNSEL for the respondent opposed the allegations levelled against her. We have heard the submissions advanced before us. Having gone through the statements of the parties, we noticed that the Family Court has failed to appreciate the evidence of the appellant in right perspective in deciding the issue No. 1 pertaining to cruelty against the appellant husband. Therefore, the finding arrived at by the Judge, Family Court can not be sustained. ;