Ashok Kumar Gaur, J.

1. The present misc. appeal has been filed against the judgment dated 19.02.2009 passed by the learned Family court, Kota, wherein the application filed by the appellant-husband under section 13 of the Hindu Marriage Act seeking decree of divorce on the ground of cruelty and desertion has been rejected.

2. The facts in nutshell are that appellant-husband and respondent-wife got married on 17.04.2002 at Talvandi, Kota as per Hindu customs. That because of their strained matrimonial relation, the appellant filed an application under section 13 of the Hindu Marriage Act on 16.03.2005 before the learned Family Court, Kota stating inter alia that appellant got married with respondent on 17.04.2002 at Kota and no child was born out of the wedlock but the behaviour of respondent-wife with the appellant and his parents and relatives was abusive. It was further stated that the appellant was posted as Medical Officer in Primary Health Center, Mishroli, District Jhalawar. On 11.05.2002, the appellant's mother was hospitalized on account of heart attack where she remained in hospital upto 14.05.2002. On 15.05.2002, parents of the respondent came to Mishroli, District Jhalawar and remained with their daughter for almost 2-3 hours in closed room and thereafter, the behaviour of the respondent with the appellant and his family members became rude. It was averred that because of the accident of appellant's elder brother Shri Damodar, he had to stay in hospital from 26.05.2002 at Kota. The appellant being a doctor had to take care of his elder brother but even during that period, the respondent-wife insisted the appellant to go back to Mishroli instead of taking care of his elder brother.

3. The appellant pleaded that on 15.06.2002, the respondent's father wrote a letter to the appellant's father and sent a copy to one Shri M.C. Mittal of Orai and to Mr. Ghanshyam Das Ji of Kota, their close relative/friend. The said letter was full of allegations against the appellant about his relation with his elder brother's wife (Bhabhi) and the contents of the letter not only caused mental agony but serious disrepute in the society as the letter was circulated to the members of the family.

4. It was averred that on receipt of the said letter, everybody was called and respondent's father felt sorry by saying that the respondent was immature and allegations were levelled in utter confusion. It was averred that respondent regularly abused the appellant and his family members and on 13.11.2002, the respondent's parents came to Mishroli and she left the place with her jeweler & personal belongings and since then, the respondent was living away from her matrimonial home, at Aligarh.

5. The appellant further made an averment that on 21.11.2002, the respondent informed him that he was pregnant but at the same time, she threatened to abort as she did not want any sign of him in her body. The appellant was treated as Veerappan (Sandalwood smuggler) by the respondent-wife and she continuously abused the appellant by alleging illicit relation with her elder brother's wife (Bhabhi). The appellant further pleaded that a letter was written on 23.11.2002 by the respondent containing various false allegations including those of having illicit relationship with his Bhabhi. The respondent's father also wrote letters on 04.12.2002, 07.01.2003 and 14.02.2003 (Exhibits-2, 3 & 4 respectively) containing false allegations and these letters were addressed to different people.

6. The appellant faced with such a situation after explaining by writing a letter on 27.02.2003 (Exhibit-5) to his father-in-law, had no option except to file an application under section 9 of the Hindu Marriage Act. The appellant had tried to settle the dispute but since the respondent had filed complaint under Sections 498-A & 406 IPC in the ACJM Court No. 3 of Aligarh, where cognizance was taken on 23.01.2004, the appellant withdrew his application filed under section 9 of the Hi