Manish Pitale, J.

1. The Appellant – husband had filed a petition before the Family Court at Pune, seeking divorce from the Respondent – wife under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) on the ground of the Respondent having inflicted mental cruelty upon him. By the impugned judgment and order dated 17.1.2009, the Family Court Pune has found that the Appellant has failed to prove cruelty, and therefore, the divorce petition filed by the Appellant has been dismissed. By the instant appeal, the Appellant has challenged the said judgment and order of the Family Court, claiming that there was sufficient material and evidence placed on record to prove the mental cruelty inflicted upon him by the Respondent – wife, and that a decree of divorce was required to be passed in the facts and circumstances of the case.

2. The marriage between the Appellant and the Respondent took place on 6.5.2006 and the Respondent joined the matrimonial house at Hadapsar in Pune, where the parents of the Appellant were residing. It is claimed