JUDGMENT

Arindam Sinha, J.—The appeal has been preferred against judgment dated 16th May, 2022 of the family Court refusing to dissolve the marriage as petitioned by appellant-husband. Facts of the case are, the marriage was solemnized on 3rd February, 2014. On 12th February, 2015 a son was born to the couple. On 7th February, 2016 respondent-wife left the matrimonial home. Mr. Parija, learned advocate appears on behalf of appellant-husband and submits, he is urging the ground of desertion. The family Court erred in not appreciating there was desertion and therefore ground under section 13(1)(i-b) in Hindu Marriage Act, 1955 stood demonstrated for the marriage to be dissolved. Since February, 2016 there has been no husband-wife relationship for the parties to remain married. As such the marriage has irretrievably broken down and not granting divorce has perpetuated the cruelty. He relies on judgment dated 26th April, 2023 of the Supreme Court in Civil Appeal no.2012 of 2013 (Shri Rakesh Raman v. Smt. Kavita), paragraph-18, reproduced below.

“18. We have a married couple before us who have barely stayed together as a couple for four years and who have now been living separately fo