Prashant Kumar Mishra, J.—The appellant-husband would call in question the legality and validity of the impugned judgment passed by the Family Court dismissing his application for grant of decree of divorce on the ground of cruelty under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (for short ‘the Act’).

2. Facts of the case, briefly stated, are that the parties were married on 21.1.2002. Prayer for divorce is made on the pleadings that the parties resided together for a period till 5 months prior to the date of presentation of divorce petition. They have 2 daughters out of their wedlock. The respondent was misbehaving with the appellant and his family members soon after the marriage and is not willing to reside with him. Instead, she wishes to reside in her parental house as she is working as Shiksha Karmi. Because of her insistence they resided at Rajim for about 4 years but yet her cruel behaviour continued. During his absence in the house, the respondent tried to assault/slap his mother by using obscene language. When she was confronted with this incident, she started misbehaving, quarrelling and abusing the appellant. Due to this behaviour, the appellant came