LAKSHMIKANTHA Vs. H.R.PRATHIBA

JUDGEMENT

(1.) This appeal has been filed under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act', for short) against judgment dtd. 5/8/2013 passed by the Family Court by which petition filed by the appellant seeking dissolution of marriage on the ground of desertion and cruelty, has been dismissed.

(2.) Facts giving rise to filing of the appeal briefly stated are that the marriage between the parties was solemnized on 7/4/2002. The parties resided happily together for a period of one year and a son was born to the parties.

(3.) The appellant filed a petition on or about 18/7/2008 seeking dissolution of marriage. In the petition, it was inter alia averred that due to ill advice of her mother, the respondent started dominating the appellant. She also insisted that the appellant should stay away from his parents. However, the appellant refused to accede to the aforesaid demand. Thereupon, the respondent left the matrimonial home sometime in the year 2004. It was further averred that the respondent sent a notice on 13/8/2007 to the appellant. The appellant sent a reply on 30/8/2007 and asked the appellant to join the matrimonial home. The appellant therefore sought dissolution of marriage on the ground of cruelty and desertion.