Dinesh Chandra Somani, J. - (1.) The instant appeal has been preferred by the appellant/husband under Section 19 of the Family Courts Act against the judgment and decree dated 21.01.2016 passed by the Judge, Family Court, Sawai Madhopur (hereinafter referred as "the Family Court") in Matrimonial Case No.53/2013 (121/2012), whereby the petition filed by the appellant/husband under Section 13 of the Hindu Marriage Act for seeking divorce, was dismissed.
(2.) The skeletal material facts necessary for disposal of this appeal are that on 08.10.2012, the appellant/husband has filed petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") in the Court of learned District Judge, Sawai Madhopur for seeking divorce on the ground of cruelty and desertion, which was later on transferred to the learned Family Court, Sawai Madhopur. The appellant submitted the petition with averment that marriage of the appellant with the respondent was solemnized according to Hindu rites and customs on 09.03.2003 in Gangapur City District Sawai Madhopur. Thereafter, the respondent/wife started living with the appellant/husband in Bajaria, Sawai Madhopur. Out of the wedlock, the respondent gave birth to two female children namely Ms. Shanu aged 8 years and Ms. Peeu aged 6 years in Government Hospital, Sawai Madhopur, who are presently living with the respondent/wife in Gangapur City. The respondent/wife denied to give custody of both the daughters to the appellant/husband.
(3.) The appellant/husband has also pleaded that the respondent is B.A, S.T.C. and before the marriage, she was employed as a para teacher in villager Naipur. After the marriage, the respondent/wife was appointed as a permanent government teacher and is presently posted in Raipur. The appellant/husband is only 12th pass. It is also pleaded that the appellant and his parents gave certain jewellery to the respondent/wife at the time of marriage, which is with her and detail whereof is mentioned in para 5 of the petition. The appellant/husband also pleaded that after getting appointment as a permanent government teacher in July-2007, the respondent/wife left the matrimonial home alongwith the jewellery, all the clothes and daughters, saying that she is going to join the service. Thereafter, the respondent/wife never returned to the appellant in her matrimonial home i.e. Bajaria, Sawai Madhopur. It is also pleaded that the respondent/wife is continuously serving as a government teacher since July, 2007 and is living with her parents in Gangapur city. During this period, the appellant contacted the respondent several times through telephone and requested her to come back to the matrimonial home at Bajaria, Sawai Madhopur, but the respondent/wife used filthy language and became aggressive saying that she cannot spend the life with the appellant as he is only 12th pass. The appellant wanted to talk to the daughters also on telephone but the respondent/wife did not allow him.;