JUDGMENT :

Arun Bhansali, J.

This appeal is directed against the judgment and decree dated 19.10.2019 passed by the Family Court No. 2, Bikaner whereby the application Filed by the respondent/husband under Section 13 of the HINDU MARRIAGE ACT , 1955 ('Act') for dissolution of the marriage has been allowed and the marriage solemnized between the parties on 6.3.2011 has been ordered to be dissolved under the provisions of Section 13 (1) (i-b) of the Act.

2. The application was filed by the respondent/husband, inter-alia, with the submissions that the parties had entered into wedlock on 6.3.2011. Immediately after the marriage, the appellant started living unhappy and indicated that she was not happy with the marriage and only on account of pressure from her parents, she had entered into the wedlock and would separate after sometime. It was claimed that the efforts were made to make the wife understand, however, she didn't reconcile and would go to her parental home and would not return for many days. It was alleged that on 26.9.2011 the wife left the matrimonial home alongwith jewellery in four bags. It was alleged that the wife remained in the matrimonial home for 60-65 days in acrimony and since 26.9.2011 she was living separately at her parental home and she has deserted the applicant without any reasonable cause, which has resulted in cruelty to him. It was alleged that the wife was made to understand to cohabit with the husband, however she flatly refused.

3. An application under Section 9 of the Act was filed on 17.4.2012, which remained pending before the competent Court. Whereafter a petition under the Protection of Women from Domestic Violence Act, 2005 ('DV Act') was filed on 3.5.2012 and on 27.11.2012 a complaint on false pretext regarding dowry harassment was filed and the applicant was arrested and the matter was pending before the competent Court. Based on the above aspects, the allegation of cruelty and desertion were made.

4. After service, reply to the application was filed contesting the averments made in the application. It was indicated that on 28.9.2011, the wife was forced to leave the matrimonial home and that the proceeding under Section 9 of the Act was initiated after the wife initiated actions. Further submissions were made that in the proceedings under Section 9 of the Act, though the same remained pending for more than two years, the notices were not got served on her and the proceedings were thereafter withdrawn. It was repeatedly indicated that the wife wanted to live in the matrimonial home and that she is being deprived of the matrimony for no reason. Further submissions were made that Challan in the FIR lodged by her for demand of dowry has already been filed against the husband and that only on account of wrongful conduct of the husband, the wife was living separately and was ready to live with the husband. It was prayed that the petition be dismissed.

5. Based on averments of the parties three issues pertaining to cruelty, desertion and relief were framed.

6. On behalf of applicant/husband, he himself was examined as AW.1 and his mother as AW.2 and on behalf of wife, she herself was examined as NAW.1. No documentary evidence was produced by the applicant/husband. On behalf of wife, application under Section 9 of the Act and order sheet of withdrawal were produced as Exhibit-A/1 and Exhibit-A/2.

7. After hearing the parties, the learned Family Court came to the conclusion that the allegations pertaining to cruelty were not proved. However, on the aspect of desertion,