KAILASH GAMBHIR, J.

1. By this appeal filed u/s 28 of the Hindu Marriage Act, 1955, the Appellant seeks to challenge the judgment and order dated 27.11.2008 passed by the Court of the learned ADJ, Delhi, whereby the divorce petition filed by the Appellant u/s 13(1)(ia) & (ib) of the Hindu Marriage Act was dismissed.

2. Brief facts of the case relevant for deciding the present appeal are that the Appellant and Respondent got married on 23.1.2003 in Delhi according to Hindu rites and ceremonies and a female child was born out of the said wedlock on 17.5.2004. it is the case of the Appellant that the Respondent was suspicious about him having extra marital relations and that caused cruelty to him. He filed for divorce u/s 13(1) (ia) & (ib) of the Hindu Marriage Act, 19555 which vide judgment dated 27.11.2008 was dismissed. Feeling aggrieved with the same the Appellant has filed the present appeal.

3. Mr. Ashutosh Kumar, counsel for the Petitioner states that the Appellant has successfully proved the cruel behaviour of the Respondent but still the learned trial court, ignoring the facts on record, dismissed the divorce petition. Counsel further submits that the Respondent, howev