JUDGMENT :

ABHAY S. OKA, J.

Leave granted.

1. This appeal arises from a matrimonial dispute between the appellant-husband and the respondent-wife. The petition filed by the appellant-husband on the grounds of cruelty and desertion set out in clauses (ia) and (ib) of sub-section (1) of Section 13 of the Hindu Marriage Act, 1955 (for short “HM Act”) was dismissed by the District Court. By the impugned order, the appeal preferred by the appellant against the decree of the District Court has been dismissed by the Gauhati High Court.

2. The marriage between the appellant and the respondent was solemnized on 17th June 2009 at Tezpur in Assam. According to the appellant’s case, from 30th June 2009, the respondent left the matrimonial home with all her personal belongings. According to the appellant’s case, from 30th June 2009, the respondent deserted him.

3. On 9th September 2011, the appellant filed the petition for seeking a decree of divorce in the District Court at Tezpur on the grounds of cruelty and desertion. The ground of cruelty was based on an allegation that the respondent consistently refused to consummate the marriage, thereby causing mental agony to the appellant. The appellant d