JUDGMENT : 1. This appeal is preferred to question correctness of the judgment dated 07.10.2015 passed by learned Family Court, Bhilwara in Civil Miscellaneous Case No.145/2012 (Smt. Seema Jain v. Manoj Jain). 2. By the judgment impugned, learned Family Court dismissed the application preferred under section 13 of the Hindu Marriage Act, 1955 preferred by the appellant. A decree was drawn accordingly. 3. The factual matrix necessary to be noticed for adjudication of instant appeal is that the appellant Smt. Seema Jain entered into a wed-lock with respondent Shri Manoj Jain on 13.05.1999 as per Hindu Rites and Customs. As a consequence of the wedlock aforesaid, the couple had three children namely Kumari Ritika, Kumari Ayushi and Naman Kumar born on 03.09.2000, 06.07.2002 and 23.04.2008 respectively. On 13.11.2009, the appellant applicant preferred an application as per provisions of section 13 of the Hindu Marriage Act, 1955 to annual the marriage that was solemnized on 13.05.1999. As per the appellant applicant, the respondent husband and his other family members for one or other reason harassing and humiliating her and that is nothing but cruelty sufficient to annul the marriage. The appellant applicant further stated that in the year 2009 she went to her maternal house just to participate in marriage of her brother, but subsequent thereto, the respondent did not allow her to join matrimonial home. Several allegations to substantiate cruelty as well as desertion were mentioned in the application and evidence too was adduced to substantiate the same. The respondent contested the application by denying all the allegations. Learned Family Court after considering the evidence available on record, dismissed the application by arriving at the conclusion that the appellant failed to establish cruelty. With regard to desertion, the Family Court held that subsequent to 16.05.2009, the respondents made efforts to bring the appellant applicant to continue the marriage but she at her own refused to join matrimonial home. 4. Learned counsel appearing on behalf of the applicant appellant did not press the contention with regard to cruelty, however, asserted that the finding arrived by the trial court with regard to desertion is absolutely erroneous. It is stated that on 16.05.2009, the respondent at his own came to the matrimonial home of the applicant with applicant and subsequent thereto, he intentionally and deliberately avoided her return to the matrimonial home. 5. It is stated that on 16.05.2009, the respondent at his own came to the matrimonial home of the applicant with applicant and subsequent thereto, he intentionally and deliberately avoided her return to the matrimonial home. 5. During the course of hearing, learned counsel appearing on behalf of the respondent after having instructions accepted that the parties are not residing together from last 8 years and the respondent is no more interested for cohabitation and as such, he is having no objection if the divorce decree as prayed for is granted. 6. Having considered the candid statement made by the counsel for the respondent, Shri Manoj Jain, we deem it appropriate to accept this appeal. Accordingly, the same is allowed. 7. The Judgment and decree passed by the Family Court, Bhilwara dated 07.10.2017 are set aside. The application preferred under section 13 of the Hindu Marriage Act preferred by Smt. Seema Jain, the appellant is allowed. The marriage solemnized between the parties on 13.05.1999 stands annulled. 8. The order passed in this appeal shall be having no adverse effect upon the application, if any preferred by Shri Manoj Jain to have custody of three children who are presently residing with Smt. Seema Jain. A decree be prepared and issued accordingly.