The burden of proving desertion lies with the appellant, which was not established due to a lack of credible evidence, leading to the dismissal of the appeal.

JUDGMENT :

SANJAY A. DESHMUKH, J.

1. This appeal is preferred against the judgment and decree passed by the learned District Judge-2, Hinganghat, District Wardha in Regular Civil Appeal No.33 of 2018 dated 06.12.2021. The said appeal was preferred against the judgment and decree passed by the Civil Judge Senior Division, Hinganghat, Wardha in H.M.P. No.02 of 2017 (Old H.M.P. No.122 of 2012) dated 27.09.2018.

2. The case of appellant is as follows :

The appellant and the respondent got married on 21.07.2007 at Hinganghat as per the Hindu Customs and Rituals. They are blessed with daughter viz. Mansi. The appellant contended that, the respondent was not liking him as her husband and she was not interested in matrimonial relationship with him. Respondent did not behave properly. She was regularly visiting Nagpur for searching job. In the year 2007, at the time of Navratri, the appellant and the respondent went to Ekurlee for prayer of goddess. That time respondent said that, she is not willing to reside with him at Hinganghat. She told the appellant to take her to her parental house. The appellant tried to convince her, but she did not pay any heed to him and tried to jump from motorcycle. Appellant told that incident to the father of the respondent and after convincing her, he took her to his home after one month.

3. It is also alleged that, once respondent left the house without intimating to the appellant and his mother. The appellant took her search and she was found walking on Hyderabad Highway. The appellant tried to convince her but she did not respond him, she insisted to take her to her parental house. The brother and father of the respondent came there and took her to village Khairi. She stayed at her parental house for eight months and gave birth to a daughter on 12.05.2018.

4. In the month of October 2008, after the meeting was arranged, respondent assured that she will behave properly and then she came for cohabitation. During that period, the respondent was not allowing the appellant to take her daughter. She was teasing to the appellant and his mother by saying that they are bad persons. She used to snatch the daughter from the mother of the appellant. She used to cry in front of the house of the mother of the appellant. Therefore, neighborers of the appellant tried to convince her. She abused the appellant and his mother in filthy language. The neighborers tried to convince to the respondent but she did not pay any heed to them. On the next day, the father of the respondent and one relative came to the house of the appellant and they took them to her parental house.

5. On 21.11.2009, when the respondent was residing with the appellant, she quarreled with the appellant and his mother and thereafter, she left the house by saying that, she is going to stay to her parental house and she would never come back. She is having habit of leaving matrimonial house therefore, appellant allowed her to go to her parental house, but she did not return back. The respondent behaved rudely with the appellant and treated him with cruelty and she deserted him. Therefore, appellant filed petition for divorce on the ground of cruelty and desertion.

6. The respondent in her written statement denied all the material contentions made against her. She contended that since beginning, she was treated with cruelty by the appellant and his mother. They used to taunt her and beat her. Mother of the appellant used to instigate him and he used to doubt her character. She was not willing to break matrimonial tie with the appellant therefore, she did not lodge the report.

7. The respondent further contended tha