Prashant Kumar Mishra, J.

1. This is husband's appeal under Section 19(1) of the Family Courts Act, 1984 (for short 'the Act') assailing the legality and validity of the judgment rendered by the Family Court, Raigarh, dismissing his application under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') for grant of divorce on the ground of cruelty and desertion.

2. The appellant/husband (for brevity 'husband') moved the subject application with the averment that they were married at Tamnar, District Raigarh on 3.7.2002 and thereafter the respondent/wife (for brevity 'wife') came to his residence at Village Chaple. During the first night, the wife informed him that she has been married contrary to her wishes/ desires and he is not a person as per her dreams. Thus the marriage was not consummated on that day. In due course, she started behaving indifferently and used to get irritated on trivial issues. She would regularly state that since she has been married contrary to her wishes, she does not want to reside with the husband. After one month of marriage, she went to her parental village and as agreed, she was required to come back after 15 days but she did