FAROOQ HASAN, J. - (1.) THIS civil misc. appeal under Section 19 of the Family Courts Act, 1984, is directed against the judgment passed by the Family Court, Jaipur by which it dismissed the appellant's application moved under Section 13 of the Hindu Marriage Act, 1955 (for brevity, 'the Act').
(2.) BRIEF facts giving rise to this appeal are that, the appellant filed an application under Section 13 of the Act, before the District Judge, Jaipur City, Jaipur on March 26, 1985, which was transferred to the Family Court, Jaipur. The appellant in his application, averred that he married Gayatri Devi (respondent) on April 19, 1979 at Jaipur, and have two sons -one born on Sept. 27, 1980 and another on February 22, 1982; that uptil the birth of his second son, he and the respondent had good relations but, thereafter, there was change in the behaviour and manners of the respondent and even she began with quarrelling on very trivial matters which continued then; and that on January 20, 1983 when he got up at 6 O'clock, he found the respondent not at home though both the children were there; therefore he went to his in -law's house where he found her and persuaded to accompany him to which she refused and acted in cruel manner. The appellant also averred in the aforesaid application that after his return from Udaipur, he repeatedly asked the respondent to accompany him but she refused and since then she has not returned to her in law's house, and that, even the respondent refused to look after the innocent kids and to take them with her. In these circumstances, as alleged, the appellant sought divorce on the ground of desertion on account of cruelty.
(3.) THE respondent filed her return to the application under Section 13 of the Act, wherein she denied the allegation made by the appellant with regard to the cruelty as also to the facts narrated constituting desertion.;