SUDHA Vs. A.H. SURESH

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against judgment dtd. 28/1/2015 passed by the Family Court by which the petition filed by the appellant under Ss. 13(1) (i-a) and (i-b) of the Hindu Marriage Act , 1955, has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 15/3/1993 at Dogganahalu Village of Holalkere Taluk. Out of the wedlock, two children namely Megha A.S. and Sachin A.S. were born to the parties. However, it is the case of the appellant / wife that the respondent treated her with cruelty and deserted her in the year 2004 and did not join the matrimonial home.

(3.) The appellant / wife filed a petition on 5/12/2014 seeking dissolution of marriage on the ground of cruelty and desertion. Despite service of notice, respondent neither appeared nor contested the claim of the appellant. The appellant examined herself as PW-1 and exhibited 3 documents. The Family Court, however, vide judgment dtd. 28/1/2015, has dismissed the petition filed by the appellant inter alia on the ground that the appellant has failed to make out the grounds of cruelty and desertion. In the aforesaid factual background, this appeal has been filed.