VARADE GOWDA Vs. CHENNAMMA

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against the judgment dtd. 2/12/2011 passed by the Family Court by which the petition filed by the appellant seeking dissolution of marriage on the ground of cruelty and desertion has been dismissed.

(2.) The facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 7/5/1989 in Mandya District. Out of the wedlock, two children, namely, Prameela and Pradeep Kumar were born to the parties. The aforesaid children are now major.

(3.) The appellant filed the petition on 21/7/2011 under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short). In the said petition, it was averred that the daughter of the parties, namely, Prameela, married a person of her own choice contrary to the wishes of the appellant as well as the respondent. Thereafter, in the year 2008, she approached the appellant as well as the respondent seeking their pardon. However, the respondent refused to pardon the daughter and insisted upon the appellant not to speak to her and not maintain any relationship with the daughter. Due to the quarrel which use to take place between the appellant and respondent, the land lord asked the appellant to vacate the premises. The respondent thereupon set up a separate house and resided separately and received Rs.1,15,000.00 from the land lord which was the deposit money handed over by the appellant. It was pleaded that the respondent has deserted the appellant for the period of two years. It was also pleaded that the respondent is residing separately and has failed to perform any conjugal duties. Therefore, a decree of dissolution on the ground of cruelty and desertion under Sec. 13(1)(ia) & (ib) was sought.