JUDGMENT :

Biswanath Rath, J.

This Matrimonial Appeal is at the instance of the appellant-husband (petitioner in the court below) as against the respondent-wife (Opp. party in the court below) challenging the judgment dated 16.5.2011passed by the Judge, Family Court, Puri in C.P.No.229 of 2010 dismissing the proceeding for divorce initiated by the appellant.

2. Short back ground involved in the case is that the appellant-husband instituted C.P.No.229 of 2010 against the respondent-wife praying therein for dissolution of marriage dated 24.4.1993 by a decree of divorce. Facts as appearing from the pleadings of the parties and submissions made in the Court are that the appellant had married the respondent on 24.4.1993 following Hindu rites and custom. While both were living as husband and wife, a male child was born out of their wed-lock. It is the allegation of the appellant that respondent was an adamant, quarrelsome lady, used to misbehave him always and also used to assault his mother. Under compelling situation and being forced by the respondent, he was staying separately from his parents in rented house from time to time in the village -Kundhei. While continuing as such, the appell