JUDGMENT :

Sushil Kukreja, J.

1. The appellant, who was the petitioner before the learned District Judge (Family Court) Shimla, District Shimla, H.P. (hereinafter referred to as the “learned Court below”) has maintained the instant appeal under Section 19 of the Family Court Act, against the order dated 09.09.2021, passed by the learned Court below, in HMA Petition No. 262- S/3 of 2019/16, with a prayer to set-aside the same by allowing the instant petition.

2(a). The brief facts of the case are that the petitioner maintained a petition under Section 13 of the HINDU MARRIAGE ACT , 1955 (for short “the Act”) seeking dissolution of marriage with the respondent, who is his wife, by a decree of divorce on the ground of cruelty. As per the petitioner, he solemnized marriage on 26.09.2014 with the respondent as per the Hindu rites and ceremonies. The petitioner averred that after their marriage they lived together as husband and wife and cohabited with each other for about four and a half months, but on 15.02.2015 the respondent left her matrimonial house without any intimation. On 17.08.2015, out of their wedlock, a son-Master Mihir Sharma was born. The petitioner further averred that de