B. K. RAMESH Vs. DHANALAKSHMI

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against judgment and decree dtd. 11/11/2014 passed by the Family Court, by which petition filed by the appellant under Sec. 13(1) (i-a) of the Hindu Marriage Act , 1955 (hereinafter referred to as 'the Act') seeking dissolution of marriage has been dismissed.

(2.) Facts giving rise to the filing of this appeal briefly stated are that marriage between the parties was solemnized on 18/6/2006 in Chikamagalur. Out of the wedlock, admittedly, a son and a daughter has been born to the parties.

(3.) On 3/8/2013, the appellant filed a petition seeking dissolution of the marriage. It was inter-alia pleaded that the respondent had an affair with one S. Pete Satish, who also had assaulted the appellant. It was pleaded that a complaint was lodged with the police by the appellant. It was also pleaded that in view of the affair, which the respondent had with one S.Pete Satish, the appellant had to suffer humiliation and insult and appellant tried to commit suicide on 14/9/2012. It was also pleaded that at the instigation of the respondent, her brother viz., one Mahendra attacked the appellant with sickle and assaulted him. Thereupon, a complaint to the police was filed on 29/9/2012. It was pleaded that children born out of the marriage are in the care and custody of the appellant and the petition filed by the respondent seeking custody of the children has been dismissed. The appellant thereupon sought dissolution of marriage on the ground of adultery as well as cruelty.