Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Santosh Kumar Srivastava, learned counsel for the appellant.

2. This First Appeal has been filed challenging the Judgement dated 16.4.2016 and decree dated 30.4.2016 passed by the Court of Additional District and Sessions Judge/Fast Track Court No. 2, Baghpat, in case No. 360 of 2009 under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”).

3. Learned counsel for the appellant submits that the Court below has committed a manifest error of law and fact to dismiss the divorce petition even though the appellant has established that the defendant-respondent has committed cruelty and thus made out a ground for divorce under Section 13(1) (i-a)/(i-b) of the Act.

4. In support of his submission he refers to the pleadings made in paragraph No. 4 and 5 of the plaint, a copy of which has been filed as Annexure 1. He further submits that defendant-respondent is living separately since the year 1977 without any allegation against him and out of her own sweet will which amounts to cruelty. He, therefore, submits that in view of these facts the Court below has committed a manifest error of law in not granting th