A. S. OKA, J.

As this Judgment will be available on public domain, we have described the Appellant and Respondent as 'S' and 'D' respectively. The Appellant-husband has taken an exception to the judgment and decree dated 18th August, 2003 passed by the learned Judge of the Family Court, Pune, by which a petition for divorce filed by the Appellant and the counter-claim made by the Respondent wife for restitution of conjugal rights have been dismissed. We must note here that the earlier Division Bench had kept the Appeal in Chamber with a view to bring about amicable settlement between the Appellant and Respondent. However, as amicable settlement was not possible, on 20th August, 2013, the Appeal was directed to be placed on final hearing board. Accordingly, we have taken up the Appeal for final hearing.

2. The Appellant husband applied for divorce on the ground of cruelty and desertion under clauses (ia) and (ib) of sub-section (1) of Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the said Act"). With a view to appreciate the submissions made across the bar, it will be necessary to make a brief reference to the factual aspects of the case.

3. The marr