(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed by husband challenging the impugned judgment and order, by which his petition filed by him under Sec. 13(1) (i-a) and (i-b) of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act ' for short) has been dismissed.
(2.) For the sake of convenience the parties are referred to by their rank before the Family Court.
(3.) The brief facts leading to the filing of petition are that the marriage of petitioner and respondent was solemnized on 11/11/2002 at Veerashaiva Kalyana Mantapa, as per the customs and rituals prevailing in Hindu community. At the time of marriage, petitioner was working in Agriculture Department at Kudligi, Ballari District and respondent was working as Lecturer in Computer Science at JNNCE, Shivamogga. Petitioner used to visit Shivamogga once in a week. During 2003, he was transferred to Shivamogga. Respondent gave birth to a son on 18/10/2003. Petitioner has alleged that respondent was not treating the petitioner with respect on the ground that he was drawing lesser salary than her and that she was not compatible with her in-laws. Inspite of the fact that he set up separate residence, the respondent was not happy and used to quarrel. She was always complaining that he comes home late. Since petitioner was working as Agricultural Extension Officer, his work compelled him to stay back in rural areas and as such, he used to return home late. Respondent stayed only for a period of two months in their rented premises and went back to her parents house. She forced him to shift to the ground floor of her parents house on rent from February 2005 to October 2007. She was not cordial with the petitioner and was not discharging her marital obligations. She deprived him of the family life. She was not allowing him to speak to his son. Respondent never cared to join the petitioner and she continued to stay with her parents. Thus, on the grounds of cruelty as well as desertion, the petitioner had sought for a decree of divorce.