K.S. Chauhan, J.— This appeal under Section 28 of the Hindu Marriage Act, 1955 has been preferred by the appellant being aggrieved by the judgment and decree dated 10.10.2003 passed by the Additional District Judge, Damoh in Civil Suit No.5A/2000, whereby the divorce petition filed by the appellant has been dismissed.

2. The facts of the case in short are that the marriage of appellant and respondent was solemnized on 6.5.1989 as per Hindu rites and customs at Dhamtari, District Raipur. At that time appellant was employed as an UDT at village Khartuli whereas respondent was employed as a Lecturer at Dhamatari. After marriage respondent was brought to village Khartuli but she was not willing to live there, therefore, the appellant brought her at Dhamtari where they started living peacefully as husband and wife. But later on she started misbehaving with him. On 8.5.1990 she kicked at his scrotum on account of which he became unconscious. Meanwhile she left the house and went to her parental house. On 17.5.1990 she delivered a son but she did not permit him even to touch his son. Thereafter on 21.7.1990 he filed the divorce petition at Raipur. The respondent also lodged FIR un