JUDGMENT :

Sudhir Singh, J.

Challenge in the present appeal is to the judgment and decree dated 31.01.2015 passed by the learned Additional District Judge, Ludhiana (for short the 'trial Court'), whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the appellant-husband, for dissolution of marriage on the grounds of cruelty and desertion, was dismissed.

2. The aforesaid petition had been filed by the appellant-husband, inter-alia, pleading therein that his marriage with the respondent-wife was solemnized on 22.01.1999 as per Sikh rites and out of the said wedlock, two daughters, namely Sukhmani Kaur and Nimar Kaur were born on 09.12.2000 and 17.09.2004, respectively. It was averred by the appellant-husband that the respondent wife was a short tampered lady. The behaviour of the respondent-wife towards him and his family members had been rude, arrogant and hostile and she had insulted the appellant-husband many times and in this way, had caused mental cruelty to him. It was further asserted that soon after the marriage, the respondent-wife started pressurizing the appellant-husband to live separately from his family members, as she did not like the joint family. She refused to perform the household chores. It was further the case of the the appellant-husband that he was a reputed Punjabi singer having good respect amongst the general public, but the respondent-wife had threatened to spoil his career. She used to insult his parents without any reason. She frequently left the matrimonial home without informing the appellant-husband and as and when, he asked her the reason for leaving the house, she had threatened to commit suicide. In the month of June, 2009, when the appellant husband was abroad in connection with his programmes, the respondent-wife held a press conference and levelled false allegations against him and his family members. She had also turned the family members of the appellant husband out of the house and they had to take shelter in the house of appellant's friend. She had also filed false complaints before the M.D. Cell, Ludhiana in 2009. It was further pleaded that the respondent-wife had been living separately from the appellant-husband since 2009 and there had been no cohabitation between the parties. Many Panchayats were convened to rehabilitate the respondent-wife in the matrimonial home, but to no avail.

3. Upon notice, the respondent-wife entered appearance and filed her written statement admitting the factum of marriage and the birth of two daughters. The respondent-wife had pleaded that it was a love marriage, but the parents of the appellant-husband were not happy with the said marriage. They got annoyed after the birth of two daughters. They wanted to throw the respondent-wife out of the matrimonial house. It was pleaded that it was the appellant-husband himself, who had deserted the respondent-wife without any reason under the influence of his parents and brother-in-law (jija), namely, Kamaljit Shahi. Accordingly, a prayer for dismissal of the petition was made.

4. On the basis of the pleadings of the parties, the following issues were framed by the trial Court:-

'1. Whether the respondent subjected the petitioner to cruelty? OPP

2. Whether the respondent deserted the petitioner without any reasonsble cause? OPP

3. Whether the petition is not maintainable in the present form? OPR

4. Whether the petitioner has not come to the Court with clean hands? OPR

5. Whether the petitioner has no cause of action to file the present petition? OPR

6. Relief. '

5. In evidence, the appellant-husband himself stepped into the witness box as PW-3 and examined PW-1 Sukhjinder Kaur, his mother, PW-2 Kamaljot Singh, PW-4 Karamjit Singh and PW-5 Amardeep Singh. On the other hand, the respondent-wife herself appeared as RW-1 and examined RW-2 Gurjit Singh.

6. The learned trial Court, after taking into consideration rival contentions of the parties and evidence on record, dismissed the pet