YASHODA BAI Vs. KRISHNAMOORTHY BHIMAPPA KATAVKAR

JUDGEMENT

(1.) This Appeal is directed against the order made by the learned Civil Judge at Sirsi, in Matrimonial Case No. 6 of 1980 on his file. The order is dated 18-12-1982.

(2.) The facts leading to this Appeal briefly stated, are as follows :

(3.) We find that some attempt was made by the Court to bring about a compromise at the initial stage but that was not pursued with any vigour. That led to trial. At the trial, the petitioner examined himself in support of the allegations in his petition, reiterating what he had stated in the petition. He was cross-examined by the counsel for the appellant respondent-wife. Thereafter, no evidence was led for the petitioner or for the respondent. The Court proceeded to pass an order after hearing arguments and came to the conclusion that the mental cruelty had been proved as prayed for by the petitioner-husband, but it was not sufficient to grant a decree for divorce. Therefore, on the arguments advanced with the support of some decided judicial authorities cited before him, he proceeded to grant the lesser relief of judicial separation.