(1.) This is an appeal against fee judgment and decree, dated 03.12.2009, passed, in Title Suit (Matrimonial) No. 13/2008, by the learned Additional District Judge (FTC), Sivasagar, whereby the learned Judge has dismissed the suit instituted under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of marriage with the respondent herein on the ground that the respondent had deserted the petitioner-appellant. Aggrieved by the dismissal of his suit, the petitioner has preferred this appeal.
(2.) We have heard Mr. S. Murarka, learned counsel for the appellant, and Mr. S.R. Gogoi, learned counsel for the respondent.
(3.) While considering the present appeal, it needs to be pointed out, at the very outset, as to what the case of the appellant, while seeking dissolution of his marriage with the respondent, was? For this purpose, the case of the petitioner-appellant, as presented in the learned Court below, may, in brief, be described thus: