ROOPA Vs. H. THIPPESWAMY

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) has been filed against the judgment and decree dtd. 13/8/2015 passed by the trial court, by which the petition filed by the respondent / husband seeking dissolution of marriage on the ground of cruelty and desertion has been allowed. For the sake of brevity, the parties shall be referred to as the 'husband' and 'wife'.

(2.) Facts giving rise to filing of this appeal in nutshell are that the marriage between the parties was performed on 22/4/2007. It is not in dispute that out of the wedlock, a daughter viz., Miss. Asha was born to the parties in the year 2008 and a son viz., Master Dheeraj was born in the year 2011.

(3.) The husband filed a petition seeking dissolution of marriage inter alia on the ground enumerated under Sec. 13(1)(ia) & (ib) of the Act on or about 3/6/2014. It was inter alia pleaded that in the month of December, 2011, the wife deserted the matrimonial home and thereafter, refused to join the matrimonial home. It was pleaded that the wife has deserted the husband without any reasonable excuses and has failed to discharge the matrimonial obligation. It was averred that the wife has ill treated the husband, which amounts to mental cruelty and has abused the husband by using filthy language.