JUDGMENT

Nidhi Gupta, J.—By this order we shall dispose of two Appeals, being FAO-M-190 of 2010, and FAO 3554 of 2016 - as the fundamental factual matrix of both cases is identical.

FAO – M 190 of 2010:

2. This appeal has been filed by the appellant-husband against the order dated 21.4.2010 passed by the learned Additional District Judge, Hoshiarpur, whereby his petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter ‘the Act’), for grant of divorce on the ground of cruelty and desertion on part of the respondent, has been dismissed.

3. Brief facts of the case are that the appellant and the respondent were married as per Sikh rites and rituals on 03.03.2004, at Nakodar. Out of this wedlock, one son, namely, Navjot was born on 02.12.2004 at the house of the parents of the respondent-wife, where she had been residing since September 2004.

4. It is the case of the appellant that he is handicapped and afflicted by Polio since childhood. At the time of his marriage with the respondent, she and her parents had told the appellant that the respondent was 28-29 years old and had been married earlier but as her first husband was an alcoholic and used to beat her, they had divor