JUDGMENT :

RAKESH THAPLIYAL, J.

1. Upon hearing the learned Counsel, the Court made the following Judgment: (Per: Sri Rakesh Thapliyal,J.) 1. The present appeal is preferred by the appellant Sandeep Tyagi under Section 19 of the Family Court Act, 1984 against the judgment and decree dated 23.06.2018 passed by the Principal Judge, Family Court, Dehradun in Original Case No. 1017 of 2015 Sandeep Tyagi vs. Manisha Tyagi, whereby the suit preferred by the appellant Sandeep Tyagi under Section 13(1)(ia) and (ib) of the Hindu Marriage Act was dismissed.

2. The brief facts of the case are that the appellant married with the respondent on 02.10.2006 according to Hindu Rites and Customs and this marriage was solemnized in District Muzaffarnagar, Uttar Pradesh and it was the second marriage of both the parties. Both the appellant and the respondent are living separately since 13.10.2013 due to some matrimonial discord. Thereafter, the present appellant preferred a suit for divorce on 21.12.2015 under Section 13(1)(ia)(ib) of the Hindu Marriage Act on the ground of mental cruelty and desertion. In the divorce petition, it was submitted that the respondent was never interested in staying with the