SHEKAR Vs. ANITHA

JUDGEMENT

(1.) This appeal has been filed under Sec. 19(1) of the Family Court Act, 1984 has been filed against the judgment dtd. 28/2/2013 passed by the family court, by which petition filed by the appellant / husband seeking dissolution of marriage on the grounds of cruelty and desertion has been dismissed.

(2.) Facts giving rise to filing of this appeal in nutshell are that the marriage between the parties was solemnized on 19/4/1999 at Mysore. Out of the wedlock, a female child was born to the parties on 23/12/2002.

(3.) The appellant filed a petition on 5/10/2009 seeking dissolution of marriage. In the petition, it was averred that the respondent without any reason has deserted the appellant and started living with her parents and prior to date of filing of the petition. It was also pleaded that the respondent without any reason used to quarrel with the appellant. In the petition, it was evident that the respondent without any reason has deserted the appellant and has started living with her parents seven years ago prior to the date of filing of the petition. It was also pleaded that respondent without any reason used to quarrel with the appellant. Accordingly, the decree for dissolution of marriage was sought on the ground of cruelty and desertion.