A.Y. KOGJE, J.

1. This appeal is directed against judgment and order dated 10.05.2013 by Additional Family Court, Vadodara in Family (HMP) Suit No.53 of 2010. Under this judgment and order, the application for divorce under Section 13(1)(i-a) of the Hindu Marriage Act filed by the husband came to be dismissed and hence, the husband is in appeal before this Court.

2. The facts in brief are that the appellant and the respondent (hereinafter referred to as “the husband” the “the wife”) entered into a marriage on 11.05.1993 as per the rites and rituals of Hindu community at village Pore in Vadodara. Out of matrimonial wedlock, a male child was born in the year 1994.

2.1 It is the case of the husband that after birth of the child, the wife was not inclined to reside in the matrimonial home and hence, started residing with her parents and even after attempts to settle, except for the brief period, she continued to reside with her parents and hence, the husband was constrained to file the Family Suit on the ground of cruelty contending that depriving the husband of his matrimonial rites has resulted in cruelty to him.

2.2 The Family Court, Vadodara, upon framing of the issues at Exh