Dinesh Chandra Somani, J.

The instant appeal has been preferred by the appellant/husband under Section 19 of the Family Courts Act against the judgment and decree dated 21.01.2016 passed by the Judge, Family Court, Sawai Madhopur (hereinafter referred as “the Family Court”) in Matrimonial Case No.53/2013 (121/2012), whereby the petition filed by the appellant/husband under Section 13 of the Hindu Marriage Act for seeking divorce, was dismissed.

2. The skeletal material facts necessary for disposal of this appeal are that on 08.10.2012, the appellant/husband has filed petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as “the Act”) in the Court of learned District Judge, Sawai Madhopur for seeking divorce on the ground of cruelty and desertion, which was later on transferred to the learned Family Court, Sawai Madhopur. The appellant submitted the petition with averment that marriage of the appellant with the respondent was solemnized according to Hindu rites and customs on 09.03.2003 in Gangapur City District Sawai Madhopur. Thereafter, the respondent/wife started living with the appellant/husband in Bajaria, Sawai Madhopur. Out of the wedlock, the