Prashant Kumar Mishra, J.

1. Heard.

2. The appellant is aggrieved by the Family Court's decree, whereby, his application under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (in short “the Act, 1955”), for grant of divorce on the ground of cruelty has been dismissed.

3. The suit was filed on pleadings that the parties were married about 18 years back and have 5 children out of the wedlock; the wife is quarrelsome and raises quarrel every now and then without any reason or justification, which is causing great mental cruelty to the husband. In addition, it is also pleaded that she was not taking care of the children and has left the company of the husband about 7 years back. She has also lodged a report on 20.07.2011 and has moved an application for maintenance even though the appellant was ready to keep her in the marital home.

4. The respondent-wife denied the suit allegations and pleaded that the appellant has illicit relations with his own maternal aunt Sunita Pal, who is residing with him as his wife and both have one issue out of the said relation, therefore, it is not possible for her to live in the appellant's company. She also alleged that the appellant and his matern