Sunil Kumar Sinha, J.

1. Being aggrieved with the judgment and decree dated 31st of March, 2010 passed in Civil Suit No.1-A/2008 by the Family Court, Raigarh, District Raigarh, C.G., the plaintiff has filed this appeal. By the impugned judgment, the suit filed u/S 13 of the Hindu Marriage Act, 1955 has been dismissed by the Family Court.

2. The appellant/plaintiff (husband) filed a suit u/S 13 of the Hindu Marriage Act, 1955 for a decree of divorce. Precisely there were allegations of cruelty against the respondent (wife) and also that she had deserted him since long back so as to give rise to a cause of action to file above Civil Suit.

3. Respondent (wife) filed her written statement denying the allegations made in the plaint. She also raised plea regarding her ill-treatment by the appellant and further regarding harassment on account of demand of dowry. She also pleaded that a criminal complaint in this regard was lodged by her.

4. It appears from the record that thereafter the issues were not framed and the learned Judge of Family Court called upon the parties to adduce their evidence by filing affidavits under Order XVIII Rule 4 of the Code of Civil Procedure.

5. The plain