GNANESH Vs. MANJULA S.

JUDGEMENT

(1.) This appeal is filed under Sec. 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act, 1955' for short) challenging the judgment and decree dtd. 23/11/2017 on the file of the Senior Civil Judge, Sira in M.C.No.61/2012. The petition filed by the husband seeking dissolution of marriage under Sec. 13(1)(ia) and (ib) of the Act, 1955 on the grounds of cruelty and desertion is dismissed by the Family Court. Aggrieved by the said judgment and decree, the husband is in appeal.

(2.) The parties to the proceeding are referred to as the husband and the wife for the sake of convenience.

(3.) Brief facts necessary for adjudication of the case can be summarized as under: -the husband in his petition has stated that the marriage was solemnised in the year 2005. It is further stated that a child was born in the year 2007 and till then there was cordial relationship between the husband and wife and thereafter, in the year 2007, the rift started between the husband and wife. It is also stated that the wife used to quarrel with the husband for no reason and inspite of advise by the elders in the family, she continued with adamant, arrogant and rude behavior and thereafter, she left the company of the husband and started residing with her parents. It is further stated that she has filed O.S. No.137/2007 on the file of the Civil Judge, Sira seeking partition and separate possession in respect of the properties held by the husband and his family members. It is further stated that the wife has left the company of the husband and she has no intention to join the company of the husband. It is the contention of the husband that the wife has caused intolerable mental torture and she has separated from his company.