JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. The instant appeal has been preferred by the appellant-husband against the final judgment and order dated 26.02.2019 in MAT. APP. (F.C.) No. 54/2018 passed by the High Court of Delhi, wherein the High Court dismissed the matrimonial appeal preferred by the appellant herein and refused to grant divorce to the parties.

3. The brief facts leading to the instant appeal are that the marriage between the appellant-husband and respondent-wife was solemnised on 07.05.2008 according to the Hindu rites and ceremonies at Delhi. A male child was born out of the wedlock on 25.03.2009, who has remained in the care and custody of the respondent. The conflict ensued between the parties shortly after the wedding took place and the parties have been living separately since October 2009 itself.

4. The appellant preferred a divorce petition under Section 13(1)(a) of the Hindu Marriage Act, 1955¹ [HMA, 1955] vide HMA No. 377 of 2010 before the Family Court, Tis Hazari, Delhi seeking dissolution of marriage on the ground of cruelty. The grounds seeking divorce were that the respondent used to assault and torture the appellant’s ailing mother with an intention t