LATHA Vs. MOHAN PRAKASH

JUDGEMENT

(1.) This Miscellaneous First Appeal has been filed under Sec. 28(1) of the Hindu Marriage Act, 1955 assailing the judgment and decree 30/3/2015 passed in M.C.No.22/2012 by the Principal Senior Civil Judge & JMFC, Bantwal, D.K, (hereinafter referred to as the 'Trial Court), wherein the marriage of the appellant with the respondent was solemnized on 1/4/2002 was dissolved by a decree of divorce on the ground of cruelty.

(2.) We have heard the learned counsel for the parties and also perused the material available on record.

(3.) Brief facts of the case as revealed from the records which may be relevant for the purpose of disposal of this appeal are, the marriage of the appellant with the respondent was solemnized on 1/4/2002 at Sumangala Kalyana Mantapa, Panemangalore, Bantwal Taluk as per rites and customs that prevailed in their community. The appellant resided with the respondent in the matrimonial house for about two years after their marriage. Thereafter, the relationship between the couple got strained in view of differences between them and therefore the appellant had left the company of the respondent and took shelter in her parents house. It is under this circumstance the petition under Sec. 13(1) (i-a) of the Hindu Marriage Act , 1955 (hereinafter referred to as the "Act of 1955") was filed by the respondent before the Trial Court for dissolution of the marriage on the ground of cruelty.