JUDGMENT :

SONIA GOKANI, J.

1. This is an appeal under Section 19 of the Family Court against the judgment and order of the Family Court, Surat in Family Suit No. 239 of 2011.

2. The brief facts are as follows.

3. The marriage between the parties, who are Hindus, was solemnized on 3.7.2003, as per the Hindu Customs and Rights at Surat and a daughter was born out of the said wedlock on 15.4.2004. At the time of preferring this appeal, the daughter, who was 11 years old, resided with her mother.

3.1 Aggrieved by the judgment and decree passed by the Principal Judge, Family Court, Surat of denying the decree of divorce, on the ground of cruelty and desertion, this First Appeal has been preferred.

3.2 It is averred by the appellant that she had been residing for more than seven years from the filing of the divorce petition in the year 2011, separately from the respondent - husband. This is all on account of cruelty and desertion. Their period of living together was only around 3½ months after the marriage. Neither the respondent has put up his case in evidence nor has challenged the appellant’s version on oath, with regard to the cruelty and desertion both and yet the Court has misinterprete