Rajiv Sharma, J.

This first appeal is instituted against the judgment dated 18.12.2012 rendered by the learned Judge, Family Court, Nainital, in Civil Suit No. 94 of 2011.

2. Key facts, necessary for adjudication of this appeal, are that the marriage between the parties was solemnized on 15.01.1990. A son was born out of the wedlock on 27.10.1990. The appellant filed a petition under Section 13(1a)(1b) of the Hindu Marriage Act against the respondent. The appellant has made a specific averment in the petition that the respondent has deserted him. She has caused her physical as well as mental cruelty. She used to misbehave with the appellant. He along with his brother made attempts to bring the respondent back, however, the respondent has refused to come to his house.

3. The petition was contested by the wife (respondent). Respondent has specifically denied the allegations contained in the petition. She has never used abusive language against the appellant. She has always tried to maintain cordial relations with the appellant. However, appellant’s behaviour towards her was cruel. He used to administered beatings to her. She was forced to leave the house due to the physical an