M. Jeyapaul, J.

Appellant Rohin Kumar who is the husband of respondent Silvia, aggrieved by the dismissal of the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') praying for dissolution of marriage by a decree of divorce, has preferred the present appeal.

2. We find that the appellant has sought a decree of divorce under Section 13 of the Act on the grounds of cruelty and desertion. The fact remains that the appellant and the respondent solemnized marriage on 22.1.2004, according to Hindu rites and ceremonies. A male child also was born to them out of their wedlock on 12.8.2005. The child is presently staying with the appellant/husband.

3. The trial Court having adverted to the evidence on record came to the conclusion that the appellant has not established that there was cruelty committed by the respondent and that she deserted him willfully. Resultantly, the appellant was non-suited by the trial Court.

4. Adverting to the judgements passed by the trial Court as well as the appellate Court in the criminal prosecution launched by the respondentwife against the appellant-husband under Section 498-A and 406 IPC, it was submitted by l