VIPUL M. PANCHOLI, J.

1. This appeal is filed against the judgment and order dated 15.09.2009 passed by the learned Judge, Family Court No.3, Ahmedabad in Family Suit No.1051 of 2000 by which the petition filed by the petitioner – husband for obtaining a decree of divorce under Section 13(1)(ib) of the Hindu Marriage Act has been dismissed.

2. Brief facts are as under:

2.1. The present appellant – original petitioner – husband filed Family Suit No.1051 of 2000 before the Family Court, Ahmedabad under Section 13(1)(ib) of the Hindu Marriage Act for decree of divorce. Initially, in the said petition, the petitioner stated that marriage of the petitioner was solemnized on 08.05.1997 with the respondent. It was further stated that after the marriage they started their marriage life at Ahmedabad. However, after a period of one month, the respondent wife informed the petitioner that she did not have any interest in enjoying marriagelife. Thus, she did not perform her marital duties as a wife. She was avoiding to enjoy the marriage life under one pretext or the other. It was alleged that on 15.12.1997, the respondent – wife left the matrimonial home and thereby she had deserted the p