JETHENDRA DODDABORAPPA Vs. M. MAMATHA

JUDGEMENT

(1.) This appeal is under Sec. 19(1) of the Family Court Act, 1984, has been filed by the husband challenging the impugned judgment and order, whereby his petition under Sec. 13(1)(i) and (i-b) of Hindu Marriage Act, 1955, seeking a decree of divorce on the ground of cruelty and desertion which came to be rejected by the Family Court.

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

(3.) FACTS: Brief facts leading to the filing of the petition are that the marriage of petitioner and respondent was solemnized on 26/1/2004 at Sira as per the Hindu rituals. On 8/11/2005, they jointly purchased a house at Anubhavanagar, Bengaluru. While petitioner was the principal borrower, respondent was the co-obligant. A daughter was born to them on 19/10/2005. Petitioner alleges that respondent lived with him only for a period of eight months. Thereafter, she deserted him. After respondent 's father re-married, respondent ousted the petitioner from the house which they had purchased jointly. Respondent took care of the daughter only for a period of one month. Therefore, to take care of the child, petitioner 's parents started living with him at Bengaluru. Respondent sent an e-mail to the petitioner using filthy language and threatening that she would commit suicide and implicate him. The conduct of the respondent amounts to cruelty. Respondent is not ready and willing to join the petitioner. Inspite of owning a house, petitioner is forced to live in a rented house. Petitioner is taking care of their daughter as both father and mother. Respondent has withdrawn from the company of the petitioner, since more than three years immediately prior to the filing of the petition and has thereby deserted him. Therefore, on the ground of cruelty and desertion, he has sought for a decree of divorce.