Mrs. Sneh Prashar, J.: - Assailing the judgment and decree dated 10.09.2012 passed by learned District Judge, Family Court, Hisar dismissing H.M.A. Case No. 331 of 2008 filed under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act of 1955’) by Major Ashish Poonia -appellant for dissolution of his marriage with respondent Nilima Poonia- wife, the instant appeal was filed.

2. The facts which need elaboration are as under :-

Appellant Major Ashish Poonia was married to respondent Nilima Poonia on 12.11.2005 at Hisar according to Hindu rites and ceremonies. They cohabited as husband and wife but no issue was born out of the wedlock. A petition under Section 13 of the Act of 1955 for dissolution of their marriage by way of decree of divorce was filed by the appellant on 29.4.2008 on two grounds (i) he had been treated with cruelty by the respondent-wife and (ii) that he had been deserted by the respondent without any fault on his part.

3. The allegations in specific of the appellant were noticed by learned trial Court in para No.9 of the impugned judgment as under:-

“i) That since the time of the marriage he discovered that respondent was a hot tampered and spend thrift