GOPALA KRISHNA Vs. VIJAYA LAKSHMI

JUDGEMENT

(1.) This appeal under Sec. 28 of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act for short) has been filed against judgment and decree dtd. 31/10/2015 by which the petition filed by the appellant under Sec. 13(ia) and (ib) of the Act has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 12/8/1993 at Doddaballapur. The appellant after the marriage got an employment as Assistant School Teacher. Out of the wedlock, a daughter was born.

(3.) The appellant filed a petition on or about 3/12/2005 seeking dissolution of marriage. It was averred that immediately after the marriage, respondent and her parents insisted that the appellant should live in the house of the respondent along with his parents. It was pleaded that the behaviour of the respondent was quarrelsome and she used to ill treat the appellant. It was also pleaded that respondent lodged a false complaint against the appellant due to which the appellant had to remain in judicial custody for one day. It was also pointed out in the petition that on the basis of complaint made by the respondent to the Commissioner of public instructions, Government of Karnataka, the appellant was suspended for a period of 10 days. It was therefore, pleaded that the respondent has deserted the appellant and has treated him with cruelty.