B. N. VEENA Vs. S. MAHESH KUMAR

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act has been filed against the judgment and decree dtd. 31/1/2012 passed by the Family Court by which the petition preferred by the respondent seeking dissolution of marriage on the ground of desertion and cruelty has been allowed.

(2.) The facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 4/7/2002 at Bengaluru. It appears that the appellant was not comfortable in the matrimonial home and frequently visited her parents house and used to stay there for a considerable length of time. Out of the wedlock, a female child was born on 21/1/2005. The appellant thereafter went to hand over the custody of the child on 3/9/2006 and thereafter on 6/9/2006 collected her belongings from the matrimonial home.

(3.) The respondent filed the petition on 20/3/2008 seeking dissolution of the marriage on the ground of cruelty and desertion. In the petition, it was inter alia pleaded that the appellant used to verbally abuse the respondent and had told that he is even worse than a street dog. It was also pleaded that the appellant humiliated respondent on several occasions and had filed false complaints against the respondent and his family members. It was further pleaded that the appellant left the matrimonial home on 29/10/2004 and thereafter, did not join the matrimonial home. Accordingly, the decree of dissolution of marriage on the ground of desertion and cruelty was sought.