Hon'ble The Chief Justice

The Appellant assails order dated 19.05.2014 of the Family Judge, Ajmer dismissing Matrimonial Case No.480/2011 declining to grant divorce on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’).

2. Learned Counsel for the Appellant submits that it was a marriage by mutual choice on 08.08.2007. A girl child was born on 06.01.2009 who is presently residing with the Respondent. The cruel conduct of the Respondent is apparent from her behaviour on 03.04.2011 when she misbehaved with the Appellant and his mother after they returned at 10.00 pm having met their sister for which the Appellant had also lodged a report before the Alwar Gate Police and matters were pacified only after their intervention. The Respondent permanently left the matrimonial home on 21.04.2011. The divorce case was filed by the Appellant on 25.08.2011. The Respondent in retaliation filed a criminal complaint under Section 498A IPC against the Appellant and his parents. While the latter were granted anticipatory bail the Appellant had to undergo imprisonment for approximately one week. The trial is still pending whi