By the Court.—Heard Sri Anshu Chaudhary, learned counsel for appellant and Sri B.N. Rai, Advocate for respondent.

2. This appeal under Section 19 of Family Courts Act, 1984 filed by defendant-appellant has arisen from judgment and decree dated 16.12.2009 passed by Sri Pawan Kumar Jain, Principal Judge, Family Court, Kanpur Nagar in Matrimonial Suit No. 1144 of 2006 filed under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as “Act, 1955”), whereby it has passed decree of divorce between parties and dissolved marriage from the date of judgment. The grounds on which decree has been passed is cruelty towards husband and desertion.

3. Only two grounds have been pressed by learned counsel for appellant. Firstly, that evidence of appellant was not considered; and secondly, that there was no evidence of cruelty or desertion.

4. Respondent-husband instituted Matrimonial Suit No. 1144 of 2006 in the Court of Principal Judge, Family Court, Kanpur Nagar. Plaint case set up by him is that, plaintiff, when two years old, lost his eye sight and is completely blind since then. However, he did not loose courage and got education, passed out Graduation and thereafter comple