Prashant Kumar Mishra, J.

1. This is an Appeal by the husband under Section 19(1) of the Family Court Act, 1984 (for short ‘the Act, 1984’) challenging the judgment and decree passed by the First Additional Principal Judge, Family Court, Raipur, dismissing his application for grant of divorce on the ground of cruelty and desertion enumerated under Section 13 (1)(i-a)(i-b) of the Hindu Marriage Act, 1955 (for short ‘the Act’).

2. The undisputed facts of the case are that the first marriage of the appellant was performed on 21.11.1990, out of which daughter Ku. Shreyakanchha was born some times in the year 1992. After the death of his first wife in the year 1997, the appellant married the respondent according to Hindu rites and rituals on 21.11.99. They have a son namely, (Master) Vivek from the second marriage who was born on 6.6.2001.

3. The present suit for divorce was filed on 9.3.2006 on averment that for the initial 2 years the relations between the parties were cordial, however, after the birth of son Vivek, the respondent started treating her stepdaughter Ku. Shreyakanchha with cruelty by harassing and exploiting her, which was opposed by the appellant. The respondent