Chakradhari Sharan Singh, J. – The appellant-husband has questioned the legality of the judgment and order dated 27.08.2015, passed by the learned Principal Judge, Family court, Araria in Matrimonial Suit No. 11 of 2002 whereby an application of the appellant seeking dissolution of his marriage with the respondent filed under Section 13 of the Hindu Marriage Act (hereinafter referred to as ‘the Act’) has been dismissed. The appellant had sought the decree of divorce on the grounds of cruelty and desertion.

2. The marriage between them was admittedly solemnised on 13.07.1994 at the parental home of the respondent at Murliganj in the district of Madhepura. The appellant is a resident of Narpatganj in the district of Araria. The appellant’s family has another residential establishment at village Jeebachhpur in the district of Supaul.

3. It has been the case of the appellant that nearly a fortnight, after the marriage, the respondent had gone back to her parental home with her brother and it was only on initiative and persuasion of the appellant that the respondent returned to the matrimonial home on 22.02.1995, after a ritual called ‘Ruksadi’ or ‘Bidai’ or ‘second marriage’. Again, afte