JUDGMENT :

Anand Pathak, J.

1. The present appeal is preferred under Section 19 of the Family Court Act, 1984 against the judgment and decree dated 27-03-2019 passed by the Link Family Court, Gwalior whereby the application preferred by the appellant/applicant/husband under Section 13(1)(iA) of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has been rejected.

2. Precisely stated facts of the case are that marriage of appellant and respondent was solemnized on 22-02-2004 according to Hindu Rites and Rituals. After marriage, respondent/wife insisted to live separately and in order to maintain domestic peace, after 6 months of marriage, appellant and respondent started living separately. Despite living separately, respondent/wife used to quarrel with appellant and left for her maternal home without any information. She did not take any interest in household work. Out of their wedlock two children born but due to negligence on part of wife, one child died and only one survived. Respondent/wife used to talk on mobile for hours together and used to move with unknown persons during late night in city. Thus, domestic incompatibility prevailed between the parties which led to filing of application under Section 13 of the Act seeking divorce.

3. One fact deserves mention is that respondent/wife did not appear in the trial Court and remained ex parte. That fact has been mentioned in para 5 of the judgment. Before this Court also, notice was issued for service of respondent through RAD mode earlier vide order dated 05-07-2019, but same returned unserved. Thereafter vide order dated 26-08-2019 process fee by RAD mode was directed to be given for service and same was received by the respondent but she did not prefer to appear, therefore, matter was heard in absence of respondent.

4. Heard learned counsel for the appellant at length and perused the record.

5. In the instant case as per pleadings it appears that appellant filed application under Section 13 of Hindu Marriage Act with specific allegations that his marriage was solemnized on 22-02-2004 at Gwalior and at relevant time appellant was living along with his parent but soon after his marriage, his wife compelled him to change his house and therefore, appellant has to part his ways with his parents and had to live with his wife in nuclear family for domestic peace. From their wedlock, two sons were born, out of which one was 14 years of age at the time of filing of application and another son passed away at the age of 3 years due to alleged negligence of respondent/wife.

6. Submissions meandered through different allegations wherein neither she cooperated in performance of daily household work, taking care of children or in respect of maintaining domestic peace.

7. According to appellant, she used to converse on mobile for hours together and whenever intercepted, reacted sharply and indulged into verbal spat. Allegations further move in respect of her movement along with some unknown persons in the city but same has not been established by the appellant through cogent evidence. It was also the allegation of appellant that she does not cooperate in cohabitation with the appellant and she always avoided him.

8. Appellant referred certain mediation proceedings also pertaining to year 2009 to 2015 at Police Station Inderganj and from the pleadings and evidence it appears that reconciliation proceedings have been held but of no avail. Even in earlier case services of mediation center of this Court were also availed and settlement was struck on 01-12-2015 in case No.857/2015 but soon thereafter things turned ugly.

9. All these allegations as referred above are being narrated in the divorce application and affidavit filed under Order XVIII Rule 4 of CPC by the appellant. His examination-in-chief was also duly recorded by the Family Court but since the respondent did not appear and remained ex parte, therefore, those allegations were not rebutted in any manner because nobody rebutted an