JUDGMENT 1. - Instant D.B. Civil Misc. Appeal filed under Section 19 of the Family Court, is directed against the judgment and decree dated 5.1.2010, rendered in Civil Original Suit No. 33/2003, by the learned judge, Family Court, jodhpur, by which petition filed by the appellant seeking decree of divorce, under Section 13 of the Hindu Marriage Act, on the ground of cruelty and desertion, has been dismissed. 2. We have heard learned counsel for the appellant. We have also perused the impugned judgment and decree as well as the evidence of the witnesses, adduced by both the parties, copies whereof have been supplied by the learned counsel for the appellant during the course of submission, for our perusal. 3. On perusal of the pleadings as well as the oral evidence, it reveals that appellant-husband has prayed for decree of divorce on the ground of cruelty and desertion. So far as the evidence in this connection is concerned, son aged 30 years, staying with respondent-mother in unequivocal terms stated that his father is drunkard and after drinking alcohol used to beat her mother. As per the pleadings, appellant has alleged against his wife with regard to her character. In this connection, no evidence has been produced by the appellant. 4. In view of the aforesaid evidence, according to us there was justifiable ground for the wife to reside separately as she cannot stay with her husband, who has alleged against her character as well as used to beat her after drinking alcohol. So far as the ground of cruelty is concerned, according to us, husband has alleged against the wife with regard to her character that itself amounts to cruelty meted out by the husband to his wife and not by the wife to husband. 5. We find ourselves in complete agreement with the finding arrived at by the learned Family judge, according to us, no other finding, conclusion or order is possible on the facts and circumstances emerging from the record of the case. Therefore, no interference is called for in this appeal with regard to finding arrived at by the learned Family judge. 6. In view of the aforesaid evidence, we are of the considered opinion that learned Family judge has committed no error in refusing to pass the decree of divorce on the ground of cruelty and desertion as alleged by the appellant. 7. 6. In view of the aforesaid evidence, we are of the considered opinion that learned Family judge has committed no error in refusing to pass the decree of divorce on the ground of cruelty and desertion as alleged by the appellant. 7. Seen in the above context, the instant appeal lacks merit, deserves to be dismissed at demission stage. 8. For a foregoing reasons, the appeal fails and accordingly it is dismissed.Appeal dismissed. *******