R.PURUSHOTTAM Vs. PUSHPA

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dtd. 29/6/2016 passed in M.C.No.111/2015 by which the petition filed by the appellant seeking dissolution of marriage on the grounds of cruelty and desertion has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that the marriage of the appellant and respondent was solemnized on 21/4/2004 at Sri Prasanna Prarthana Mandir, Sampangiramanagar, Bengaluru as per the customs and rituals. It is averred that after the marriage the couple started living together along with the other family members and the relationship was cordial for few months. It is further averred that the respondent wife started picking up quarrel with the appellant on flimsy grounds. The appellant was of the hope that the situation would improve and the respondent would change her behavior, however, the situation remained the same. It is also pleaded that a female child has been born out of the wedlock and when the appellant and his mother went to see the child the respondent and her family members abused the appellant and his mother and did not allow them to see the child. The respondent has gone to the extent of calling police and threatened that she would file a complaint. The issue was resolved at the intervention of police. However, the respondent did not change her attitude and demanded for separate residence. It is pleaded that during the said period the father of the appellant has passed away and they have sustained heavy loss in the business. In the month of October 2005 the respondent left the matrimonial home along with the child without informing the appellant. It is also pleaded that the respondent has filed a police complaint against the petitioner and his mother, wherein after the intervention of the police, she returned back to her matrimonial home and stayed only for a period of two days. Thereafter she left the matrimonial home without informing the appellant. It is averred that the respondent filed a petition seeking restitution of conjugal rights in M.C.No.1013/2009 before the Family Court, the same was dismissed for want of prosecution.

(3.) The Family Court has recorded the evidence of the appellant. The appellant has examined himself as P.W.1 and got marked Exs.P-1 and P-2. The respondent, though served, remained absent, hence, placed exparte. The Family Court based on the evidence adduced by the appellant, vide judgment dtd. 29/6/2016 dismissed the petition filed by the appellant/husband. In the aforesaid factual background this appeal has been filed.