Satyavrat Verma, J. – Heard Mr. Rajiv Nayan, learned counsel for the appellant/husband and Learned Senior Counsel for the respondent/wife Mr. J.S. Arora.

2. The present appeal is directed against the judgment dated 30.04.2011 and decree dated 06.05.2011 passed in Matrimonial Case No. 691 of 2008 by the learned Principal Judge, Family Court, Patna whereby the Matrimonial Case No. 691 of 2008 filed by the appellant seeking divorce from the respondent on the ground of cruelty and desertion has been dismissed.

3. Before adverting on the merits of the appeal, it is pertinent to briefly state the facts of the case.

4. The appellant filed Matrimonial Case No. 691 of 2008 wherein he pleaded that he was married with the respondent on 28.04.2005 before the Marriage Officer, Patna, in accordance with Special Marriage Act, 1954, the marriage was an inter-caste marriage. The marriage was performed in presence of three witnesses who signed on the Marriage Certificate as witnesses. After marriage the appellant asked the respondent to accompany him to her matrimonial home which she refused on the ground that she was not mentally prepared for it and will join the matrimonial home only after tying the