G RAVISHANKAR Vs. S SUMA

JUDGEMENT

(1.) THE petitioner in M.C.No.95/2007 on the file of the Family Court, Mysore, has come up in this appeal, impugning the judgment and decree dated 25th February 2010 passed therein. Brief facts leading to this appeal are as under:

(2.) THE appellant and respondent herein are respectively petitioner and respondent in the Court below. The facts which are not in dispute are that they are husband and wife, their marriage was solemnized on 21st April 2003 at Mysore in terms of the customs prevailing in their community. It is an arranged marriage which was negotiated on behalf of the appellant, by his elders and that on behalf of respondent, through her sister and mother with the assistance of common friend of both families. It is not in dispute that both appellant and respondent are qualified persons each having graduation in Engineering. Appellant is a Scientist by profession and respondent, a Lecturer in a Private College at Mysore.

(3.) TO substantiate the same, several instances are quoted regarding non co-operation of respondent with the appellant in smooth running of the matrimonial relationship between them and also the cordial relationship between the respondent and her mother-in-law. It is further stated that when the differences between the parties reached peak, the respondent who was in the habit of frequently vising her mother's house, left the matrimonial house once and for all and started living with her mother in her house and did not come back to the matrimonial house even in spite of repeated requests and also legal notice issued to the respondent through the counsel. It is stated that since respondent stayed away from the matrimonial house for more than two years continuously and that there being no response to all attempts to get her back to matrimonial house, further legal notice issued, calling upon her to come back and join the appellant did not evince any response, appellant approached the Family Court at Mysore, by filing a petition for a decree of divorce under Section 13 (1)(i-a) (i-b) of the Hindu Marriage Act, alleging mental cruelty and desertion.