JUDGMENT :

N.B. Suryawanshi, J.

1. This appeal filed under Section 19 of the Family Courts Act, 1984 by the appellant-husband takes exception to the judgment of the learned Family Court No.4, Nagpur in Petition No. A-732/2010, by which the petition filed by him for judicial separation and in the alternative for a decree of divorce on the ground of cruelty and desertion, was dismissed.

2. Facts, in brief, leading to this appeal are as follows :

The husband approached the Family Court by filing Petition No. A-732/2010 under Sections 10, 13 (1) (i-a) & (i-b) of the Hindu Marriage Act, 1955 seeking judicial separation or in the alternative decree of divorce on the ground of cruelty and desertion contending therein that, the marriage between the husband and the wife was solemnized at Nagpur on 8.5.2007. Out of the wedlock, daughter Purva was born. According to the husband, as per his horoscope, he was Mangalik, therefore, a search was initiated for a girl who was having Mangalik horoscope. As per the Hindu belief, a person having Mangalik Yog has to marry with a person having Mangalik Yog so as to avoid misfortune. It was contended that in the bio-data of the wife given to them, her birth