R.S. Chauhan, J.—Thrice the appellant husband has tried to seek divorce from the respondent wife; thrice he has failed. The appellant is challenging the Order dt. 06.02.2001, passed by the Family Court, Ajmer whereby the divorce petition filed by him under Sec. 13 of the Hindu Marriage Act, 1955 (henceforth to be referred to as ‘the Act’, for short) has been dismissed. (The appellant shall be referred to as ‘the husband’, the respondent as ‘the wife’, for short)

2. In a nutshell the facts of the case are that the appellant and the respondent were married on 14.04.1982 according to the Hindu rites and customs. Since differences arose between the parties, on 20.12.1989, the wife left the matrimonial home. In 1990, the husband filed his first divorce petition against the wife. However, as the statutory period of two years from the date of separation had not taken place, the husband did not plead the ground of desertion on the part of the wife. The petition was filed only on the ground of “cruelty”. The said petition was, however, dismissed vide Order dt. 22.11.1991. The husband again filed a second divorce petition in 1992; this time the petition was filed on the ground of cruelty and

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