P.B. Majmudar, J.

1. Admit. With the consent of the learned counsel appearing for the parties, appeal is taken up for hearing forthwith. Learned counsel for the respondent waives service.

2. This appeal is directed against the judgment and order passed by the learned Judge of the Family Court at Pune dated 29th May, 2009 in Petition No. A-230/2008 by which the learned Judge allowed the petition filed by the respondent and marriage between the petitioner and the respondent therein is dissolved by decree of divorce under Section 13 of the Hindu Marriage Act (hereinafter “the Act”). It is the aforesaid decree of the trial Court which is impugned at the instance of the appellant, original respondent to the said petition.

3. The respondent herein instituted the said petition under Section 13 (1) (ia) of the Act. It is the case of the respondent before the Family Court that the marriage between him and the present appellant was solemnised on 17th February, 2002 at Udgir, District Latur according to Hindi Vedic Rites. After the marriage, the appellant lived and cohabited with the respondent and there is one daughter out of the said wedlock namely Samiksha born on 8th October,