1. Being dissatisfied with the judgment and decree dated 20-01-2023 passed by Principal Judge, Family Court, Gwalior in RCSHM No. 10298 of 2017 dismissing the divorce application filed by appellant under S.13(1) (i)(1 - a) (1 - b) of Hindu Marriage Act, the instant first appeal has been preferred under S.28 of the Family Courts Act .

2. It is not in dispute that marriage of appellant with respondent was solemnized on 18th of June, 2006 in Gwalior according to Hindu rites and rituals and out of their wedlock, a son, namely, Aditya was born on 29th of June, 2007. Respondent is residing separately from the appellant along with her son.

3. In a narrow compass, necessary facts for disposal of this instant appeal in short are that by way of filing divorce application before the Family Court, it was averred by appellant - husband that his marriage was solemnized