JUDGMENT :

S. Ravindra Bhat, J.

1. The appellant is aggrieved by a judgment and order of the Family Court, Udaipur rejecting the appellant's application under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 (hereafter "the Act"). The court held that the appellant (hereafter "the husband") was not entitled to divorce as he failed to prove that the respondent (hereafter "the wife") treated him with cruelty or that she had deserted him.

2. The undisputed facts are that the appellant and the respondent were married on 09.02.1989 at Badgaon according to Hindu customs and rites. A girl was born on 11.01.1993 out of wedlock; she was named Ms. Mitu (who is presently about 26 years of age). The marriage of the appellant and the respondent/wife was not successful and hence, the appellant filed for divorce on two counts, i.e. cruelty and that the wife had deserted him.

3. The husband alleged that since the beginning of the marriage, the respondent/wife used to pressurize him to separate from his joint family. The appellant alleged that time and again, the respondent/wife used to quarrel with him and his family members as he did not yield to her demand of leaving his parents' house. He