JUDGMENT 1. - The instant civil miscellaneous appeal has been filed by the appellant under Section 19 of the Family Court Act and under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 07.02.2008 passed by the learned Judge, Family Court, Udaipur in Civil Original Case No. 298/2004 whereby the application filed by the appellant under Section 13 of the Hindu Marriage Act has been dismissed. 2. As per the brief facts of the case, an application was filed by the appellant husband on 02.12.2004 under Section 13 of the Hindu Marriage Act, 1955 before the Family Court, Udaipur against the respondent wife for grant of divorce on the ground of cruelty and desertion. In the application, it was stated that the marriage of the appellant and the respondent took place 33 years back as per the Hindu rites. The respondent wife came to live with the appellant first time in the year 1986 and lived with the appellant for some time and thereafter she left the house of the appellant and did not come back. It is also stated in the application that so many times the appellant went to the house of the respondent to took her back, but she did not come back from her village. Thereafter an application for maintenance was also filed by the respondent in the Court of Musif and Judicial Magistrate (first class), in which Rs. 200/- per month maintenance was granted by the Court and later on it was enhanced to Rs. 400/- per month. On 14.03.1995 a one time settlement was arrived at between the parties with regard to maintenance and the applicant paid Rs. 20000/- to the respondent as lump-sum compensation with the condition that in future she will not make any application for enhancement of the maintenance. But later on an application for enhancement of the maintenance was filed, but the same was dismissed. 3. As per the appellant, the respondent is living separately since the year 1987 without any reason and has deserted him, therefore, on the ground of desertion, he is entitled for divorce decree. 4. But later on an application for enhancement of the maintenance was filed, but the same was dismissed. 3. As per the appellant, the respondent is living separately since the year 1987 without any reason and has deserted him, therefore, on the ground of desertion, he is entitled for divorce decree. 4. In the application filed under Section 13 of the Hindu Marriage Act, notices were issued and reply was filed by the respondent wife in which all the allegations levelled by the appellant were refuted and a specific fact was Eleaded that the appellant is living in adultery with one Anju, daughter of loharj Lai Menaria. Said Anju is living with the appellant as wife and also gave birth to two children. Further it was submitted that the appellant concealed material fact that a complaint was filed by the respondent wife against Smt. Anju and the appellant under Section 494, 109 Indian Penal Code, in which the appellant was convicted and in the appeal, a compromise was arrived at between the parties and at that time the respondent was paid Rs. 20000/- by the appellant for compromise in the criminal case, but all these facts were not pleaded by the appellant in the application and on the ground of desertion it was prayed that a divorce decree may be granted. On the above grounds, the respondent wife made a prayer before the Family Court that application filed by the appellant applicant may be dismissed because there is no ground for grant of divorce to him. 5. The learned Family Court framed two issues which are as follows:- " 1- D;k foi{kh;k ifRu Jherh iq"ikckbZ us fcuk fdlh mfpr dkj.k ds vkosnu i= izLrqr djus ds vO;ofgr iwoZ nks o"kZ dh fujUrj dkykof/k ls vius ifr izkFkhZ txnh'kyky dks ifjR;d dj j[kk gS\ 2- vuqrks"k\ " 6. After considering the entire evidence adduced by both the parties, the learned Family Court dismissed the application filed by the appellant under Section 13 of he Hindu Marriage Act, 1955 vide the impugned judgment dated 07.02.2008, which is under challenge in this appeal. 7. After hearing both the parties, we have assessed the entire evidence on record, so also the finding given by the learned Family Court. 7. After hearing both the parties, we have assessed the entire evidence on record, so also the finding given by the learned Family Court. In this case, admittedly the fact of filing complaint under Sections 494 and 109 Indian Penal Code by the respondent wife was not pleaded by the appellant so also it was not brought to the notice of the Family Court that in the complaint filed by the respondent wife, the appellant husband was convicted and in appeal a compromise was arrived at between the parties. The learned Family Court while taking into consideration the said fact dismissed the application filed by the appellant husband and further observed that plea or the appellant cannot be accepted that the respondent wife has deserted him because in the Court, it was specifically submitted by the respondent wife that till today if the appellant applicant sends out his, second wife Anju from the house, then she is ready to live with him. The learned Family Court after considering the entire evidence arrived at the finding that the respondent wife has not deserted the appellant husband without any reason. The finding of the learned Family Court is based upon sound reasons, which does not require any interference. 8. Hence, there is no force in this appeal, therefore, the same is hereby dismissed.Appeal Dismissed. *******