Chauhan, J. -- 1. This appeal under section 19 of the Family Court Act has been preferred by the appellant being aggrieved by the judgment and decree dated 20th January, 2004 passed by Presiding Officer, Family Court, Bhopal in RCS No. 606A/2002 whereby the application filed by the appellant under sections 11 and 13 of Hindu Marriage Act seeking divorce has been rejected.

2. The facts of the petition in short are that the appellant is the husband of the respondent-Smt. Nirupama Yadav. The marriage was solemnized on 10.12.1993 according to Hindu Rites and Customs at Bhopal. They discharged the conjugal obligations upto one month but thereafter the respondent changed her behaviour and started ill-treatment with the appellant, his mother and his family members. She used to go to Bhopal at her parental house, not to return upto 15-20 days the appellant took the rented house at 6 1/2 No. bus stop at Bhopal and lived therein for two months in 1993 but she did not live with him.

3. It is also averred that one daughter was born on 7.3.1995 out of their wedlock at her parental house. The appellant went there to see his daughter but he was not allowed to see and was ill-treated.

4. It is also averred that his uncle Kunwar Singh and elder brother Anil Yadav went at the parental house of the respondent on 28.2.1999. She came Village Vishankheda with them and returned on the same date. Again the appellant went to her parental house with his relatives but she refused to accompany him and stated that she does not want to live with him. She has deserted him without any reasonable cause and the cohabitation has not taken place since 1995 in between them. She has also misbehaved and ill-treated with him and his family members. Thus, the appellant has been treated with cruelty. She has also made a false report at Obedullaganj police station that the appellant is performing another marriage but on inquiry it was found that no such marriage was being performed. Thus she has shaken the reputation of his family in society.

5. It is also averred that the appellant filed the application for restitution of conjugal rights before the Raisen Court wherein the respondent has given the statement that she does not want to live with him. Likewise the respondent has also filed an application under section 125 of the Code of Criminal Procedure in Bhopal Court wherein she has also stated the same fact. Since there has not been any cohabitation in between them since 1995, therefore, the application was filed to dissolve their marriage consummated on 10.12.1993 by granting the decree of divorce.

6. The respondent has submitted the written statement denying most of the averments of the petition and contended that she went to village Vishankheda after marriage. According to prevalent custom, she stayed there upto 3 days and returned back to her parental house. She was carried again to that village where the demand of Scooter, Fridge and ColourT.Y. was made by the appellant and his family members. On expressing her inability to provide, she was sent back to her parents' house where she apprised her father. He complained to Anil Yadav-cousin brother of the appellant about the dowry demand. Anil Yadav assured that no such things would be repeated. On this assurance, she again went to her-in-laws house but she found appellant's behaviour not changed. The appellant started abusing and causing marpeet with her. Anyhow she spent two months there and at the time of Rakshabandhan when she was coming to her parental house the appellant again asked her to bring the above articles in dowry and it was also stated that if she will not bring the aforesaid articles she will not be permitted to enter the house. He also threatened to perform another marriage in case she fails to bring the aforesaid articles. Again she apprised her father about this fact who consulted the appellant's uncle. Then she again went to Shankar Nagar to live with the appellant but he neglected her. No me