JUDGMENT

A.Muhamed Mustaque, J.

This appeal was filed by the husband of the respondent, aggrieved by the dismissal of the petition for divorce on the ground of cruelty under Section 13 (1)(ia) of Hindu Marriage Act, 1955 . The appellant is now 60 years old and submitted that marriage is practically dead and argued that, irretrievable breakdown of marriage and refusal to issue the consent for mutual separation should also be treated as cruelty.

2. The marriage between the appellant and respondent was solemnized on 13/6/1985. Two children born in the wedlock have also attained majority. The appellant worked in a Gulf country and in the year 2015, he returned from Gulf. According to the appellant, as soon as he returned from the Gulf, his wife and children neglected him, and he was not even invited to the wedding of his son. The appellant claimed that the said wedding was hosted on the death anniversary of his mother. He also stated that the respondent left the matrimonial home on 2/4/2017 without any reason.

3. The respondent denied all allegations of cruelty. According to the respondent, their son married a girl of his choice, and this had provoked the appellant. It is submitted that