HARI PAL VERMA, J.

Appellant-husband has filed the present appeal challenging the judgment and decree dated 02.11.2015 passed by learned Additional District Judge, Karnal, whereby his petition filed under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage with the respondent-wife on the ground of cruelty and desertion, was dismissed.

2. Briefly stated, the appellant-husband had filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty and desertion. Marriage between the parties was solemnized on 17.10.2007. After the marriage, parties lived together as husband and wife and two sons were born out of this wedlock. Appellant had sought divorce on the ground that from the very beginning of the marriage, respondent-wife was very rude and treated the appellant in an ill-will manner. She even did not perform her daily routine duties which a wife is expected in a matrimonial home. She refused to share the bed with him and also in habit of using filthy language with him as well as his family members. The family members of the respondent-wife used to interfere in their matrimonial life and under the influence of her parents, respondent used to pick up quarrel with the appellant and his family members. At the time of their marriage, respondent was undergraduate and the appellant encouraged her to improve her education. In this manner, she did M.Sc.(Zoology) after the marriage, and all the expenses were borne by the appellant. While the respondent used to remain busy in her study, parents of the appellant used to take care of her children. On number of occasions, respondent left the matrimonial home without any sufficient cause and she was taken back with the intervention of the Panchayat. She never treated the appellant in a respectful manner, but still the appellant tolerated her all kinds of bad and cruel behaviour expecting that sooner or later better sense shall prevail upon her and he will lead a happy married life. But instead of improving her behaviour, her attitude and conduct became more and more cruel towards the appellant. On 30.07.2011, the respondent in the absence of the appellant left the matrimonial home without prior intimation. While leaving the house, she took away all the gold and silver ornaments along with both the children. The appellant visited the house of the respondent's parents in order to bring her back to the matrimonial home. But the respondent refused to join his company and since then, she has been living separately from the appellant. The parents of the appellant convened several panchayats, but without any result.

3. Upon notice, respondent appeared through counsel. However, she did not appear in person before the Court despite specific directions to appear for reconciliation. On 20.07.2015 when the case was fixed for presence of the parties and no one appeared on behalf of respondent, she was proceeded against ex parte.

4. The appellant led ex parte evidence and examined himself as PW1, his father Khairati Lal as PW2 and one Bhagwan Singh as PW3. Certified copy of order dated 05.01.2015 (Ex.P1) and certified copy of petition (Ex.P2) were tendered in evidence. Ex.P1 is a copy of order passed by learned District Judge, Karnal in a petition filed by the respondent under Section 13 of the Hindu Marriage Act seeking dissolution of marriage between the parties and vide order dated 05.01.2015, the said petition was dismissed in default. Similarly, Ex.P2 is a copy of a petition filed by the respondent-wife seeking dissolution of marriage as provided under Section 13 of the Hindu Marriage Act.

5. The court below dismissed the petition, as the appellant failed to prove the allegations of cruelty. The Court held that in a petition filed by the respondent under Section 13 of Hindu Marriage Act, she had levelled serious allegations against the appellant who had given her merciless beatings and thrown her out of the matrimonial hom