- (1.) This appeal is preferred to challenge the judgment and decree dated 17.12.2015, passed by Family Court, Bhilwara in Misc. Civil Case No.85/2013. By the judgment aforesaid learned Family Court dismissed an application preferred under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') by the appellant husband.
(2.) In brief, factual matrix of the case is that the appellant entered into a wedlock as per Hindu rites with the respondent on 30.4.2007. As a consequence to the wedlock the couple is having a male child who is presently residing with the respondent. As per the appellant, the respondent was never interested to stay at her matrimonial home and, therefore, since beginning she was not maintaining good relations with the appellant. The appellant tried his level best to maintain the marriage and, therefore, he shifted to a rented accommodation in the year 2009, but that too of no consequence. The respondent, as per the appellant, was in habit of making satires and taunting the appellant being unemployed. In the month of September, 2009 the respondent without assigning any reason left the house and proceeded to reside with her parents. Despite efforts she did not return to the matrimonial home, therefore, an application was preferred under Section 9 of the Act of 1955 for restitution of conjugal rights, but that was withdrawn by the appellant as certain responsible persons belonging to the community were making efforts to resolve the dispute between the parties. On being failed to have any positive response, an application under Section 13 of the Act of 1955 was preferred with the allegation of cruelty and desertion. The respondent also preferred an application under Section 9 of the Act of 1955. By the judgment impugned learned Family Court, while dismissing the application under Section 13 of the Act of 1955, allowed the application preferred under Section 9 by the respondent.
(3.) The submission of the learned counsel appearing on behalf of the appellant is that the Family Court failed to appreciate that the adequate evidence was available on record to establish cruelty on part of the respondent and also desertion from matrimony for a period of more than two years without having any valid reason.;