H.M. VISHWANATHA Vs. B. SHANTHA

JUDGEMENT

(1.) Being aggrieved by dismissal of his petition filed under Sec. 13(1) (i-a) of the Hindu Marriage Act , 1955 (hereinafter referred to as 'the Act' for short), seeking a decree of divorce on the ground of cruelty, petitioner/husband has filed this appeal under Sec. 28(1) of the Act.

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

(3.) FACTS: Brief facts leading to filing of the petition are that the marriage of petitioner and respondent was solemnized on 10/11/2002 at Tarikere. They are blessed with a daughter. After the marriage, respondent stayed for a very brief period in the matrimonial home. She used to frequently go to her parents house. After the birth of the daughter though she returned to the matrimonial home, once again she left. On being instigated by her parents, respondent started demanding a separate residence. She was not respecting the petitioner and was behaving rudely. The parents of the respondent wanted the petitioner to shift to Tarikere and that they would arrange for a rented accommodation for them.