B. RADHALAKSHMI Vs. B. T. JAGATH PRAKASH

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) , arises from the judgment and decree dtd. 5/9/2012, by which the marriage solemnized between the parties has been dissolved by a decree of divorce under Sec. 13(1) (iii) of the Act.

(2.) For the sake of convenience the parties are referred to by their rank before the Family Court.

(3.) The facts giving rise to the filing of this appeal briefly stated are that the marriage between the parties took place on 28/4/2000 at Vasavi Kalyana Mantapa, Challakere. After the marriage, respondent joined the matrimonial home. The petitioner as well as his mother noticed that the respondent lacked maturity of mind and was acting like a child in the matrimonial home. After one month of the marriage, the respondent was taken to her parental house and thereafter again respondent joined the matrimonial home at Gundlupet. The respondent refused cohabitation and used to threaten the petitioner. It is the case of the petitioner that the respondent left the matrimonial home and has deserted him.