ASHOK KUMAR GAUR,J. - (1.) The present misc. appeal is filed by appellant-husband assailing the judgment and decree dated 22.11.2011 passed by ld. Family Court No.1, Jaipur, wherein the application filed by the husband under Section 13 of the Hindu Marriage Act seeking decree of divorce on the ground of cruelty and desertion has been dismissed.
(2.) The facts in nutshell are that the marriage of the appellant and respondent was solemnized on 17.07.1994 as per the customs and traditions prevailing in Hindu community and out of the said wedlock, a girl child was born on 27.08.1996.
(3.) The appellant filed an application under Section 13 of the Hindu Marriage Act, 1955 on 19.03.2004 before the Family Court, Jaipur. The appellant pleaded in his application that respondent- wife immediately after marriage, on first night disclosed that her marriage was solemnized without seeking her consent and she was forced to give the consent due to her father not being alive and as such, the marriage was under compulsion. It was alleged that the respondent-wife refused to stay at her matrimonial house and she went very often to her parents' house and used to reside there for considerable time. She tried to avoid company of the appellant and her visit to her parents' house was a daily routine, and in spite of several requests, the respondent-wife did not stay at matrimonial home.;