Navin Sinha, J.

1. The present appeal arises from order dated 18/01/2014 passed by the Family Judge No. 1, Jaipur in Case No. 28 of 2013 dismissing the application for divorce filed by the Appellant on grounds of cruelty under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').

2. Learned Counsel for the Appellant submits that the Family Judge erred in holding that any event prior to the year 2005 was not relevant to decide the issue of cruelty. Merely because there may have been a compromise subsequently and the parties lived as man and wife from 2005 till 2011 it will not wash off the earlier cruel conduct of the Respondent. There was a consistency and perpetuation of cruel behaviour by the Respondent prior to 2005 and continuation even thereafter. She would invariably leave the matrimonial house without information causing mental agony to the Appellant which naturally affected safe discharge of duties by him as a driver in the Railways. His peace of mind was disturbed and anything serious could have happened. The fact that no specific date may have been mentioned in support of the averment for cruelty was not relevant as it was a course of con