This appeal has been preferred against the judgement and decree dated 3rd June, 2006 passed by the Court of 4th Additional District Judge, Palamau at Daltonganj in Matrimonial Case No. 08 of 2004 whereby the divorce petition filed by the husband-appellant under section 13 of the Hindu Marriage Act and in alternative for judicial separation has been dismissed. The appellant sought decree for divorce on the ground of desertion and cruelty.

2. Learned counsel for the appellant submitted that marriage of the appellant with the respondent was solemnized on 9th July, 2000 and the appellant was unemployed at the time of marriage and the respondent after marriage on 9th July, 2000, came to the house of the appellant on 10th July, 2000 and resided there till 20th August, 2000 and was taken back to her parental house by her brother Kamalkant Sharma where she stayed till her vidai on 22nd November, 2000. Thereafter, she was taken back by her father on th February, 2001 and she stayed with her parents for three months and came back to the appellant's house on 7th May, 2001 and ultimately, from 22nd May, 2001 the respondent is not residing with the appellant.

3. There are allegations