T. ROOPA Vs. MANJUNATHA A. B.

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dtd. 26/2/2016 passed in M.C.No.125/2015 by the Judge, Family Court, Davanagere, by which the petition filed by the appellant/wife seeking decree of divorce, was dismissed.

(2.) Brief facts giving rise to filing of this appeal are that the marriage of appellant and respondent was solemnized on 6/5/2012 as per the Hindu customs and traditions at Sri Taralabalu Brihanmath, Sirigere, Chitradurga. Out of the wedlock a female child was born. It is averred that the respondent has caused physical and mental harassment to the appellant. It is further averred that on 24/5/2015, the respondent had assaulted the appellant and caused physical and mental cruelty on the appellant. It is also averred that the respondent used to insist for transfer of family properties of the appellant in his name. It is pleaded that the respondent has not changed his attitude despite advise of the elders, the act of the respondent has caused cruelty and the respondent has deserted the appellant without any reason.

(3.) The respondent has entered appearance before the Family Court and filed the statement of objections. The respondent has admitted the relationship between the parties and the birth of the female child, however, he denies the allegation of physical, mental cruelty, desertion and sought to dismiss the petition.