Hon'ble RASTOGI, J.—Instant appeal is directed against judgment & decree passed by the ld. Family Court, Ajmer, dt.25.5.2007 for dissolution of marriage u/S.13 of the Hindu Marriage Act, 1955 (The Act).

2. The facts giving rise to the present appeal in nutshell are that the appellant husband got married with the respondent wife according to the Hindu rites & customs on 3.10.1998 at Ajmer. The complaint of the appellant is that the respondent wife concealed the salient fact from the appellant and his family members that she is hard of hearing and was undergoing treatment and that has resulted him in very awkward situation in front of family members & friends and the appellant had to suffer mental agony and humiliation. The parties lived together upto April 2001 and as alleged during this period she did not discharge her matrimonial obligations and that was the reason that there was no issue out of this wedlock.

3. It is also alleged that the respondent after leaving appellant's house worked in Savitri Girls College, Ajmer from July 2001 to November 2002 in the clerical cadre and while the appellant was in Ajmer, she stayed separately in Girls Hostel. Ajmer and because of great mental stress and agony, divorce petition came to be filed by the appellant u/S.13 of the Act before the ld. Family Court, Ajmer on 15.12.2002. It was also alleged that wife was not behaving well with the appellant and his family members and failed to discharge matrimonial relationship and even after long period of time, she did not return to her matrimonial home and despite his attempts to settle the dispute with the initiation of family members of both the sides including friends and relatives she refused to come back to her matrimonial home.

4. After notices of the divorce petition came to be served upon respondent, written statement was filed and the ld. Family Court framed the following issues-

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5. The appellant husband examined himself as AW-1 and and also exhibited 10 documents in support thereof.

6. In defence, respondent wife examined herself as NAW-1 and also exhibited document A/1, a letter written by her father in support thereof.

7. The appellant husband AW1 in his examination in chief deposed that at the time of marriage, family members of the respondent wife concealed salient fact from him and his family that she was hard of hearing and is undergoing medical treatment for a long time and because of clinical ailment which the respondent is suffering that has caused him great embarrassment in the presence of family members and his friends and further deposed that her behaviour with family members was not good and also started behaving with the husband badly and her attitude towards his parents was also bad and always used to sit at the outside door of the room and her defence was that she used to sit at the door so that she may hear the call of his mother and she abnormally used to go frequently within 15 days to Jodhpur for completion of educational course in computers and whenever his parents and brother as well as Bhabhi go to Jodhpur her parents refused to talk to them and were rudely treated by them. It was also pleaded that she had deserted her matrimonial home and he is facing mental cruelty since long. In his cross examination, the appellant husband stated that till filing of the divorce petition he was always willing to live with the respondent but no correspondence took place between parents of the parties but he admitted that the only trouble was that she had joined service without informing him and the appellant still wants to live with the respondent but the problem by passage of time accumulated and it became impossible for him to stay with the respondent wife.

8. In defence, the respondent in her examination in chief deposed that she has always express

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