D. SUMITHRA Vs. S.T. CHANDREGOWDA

JUDGEMENT

(1.) AGGRIEVED by the order dated 7 -11 -2008 passed by the Civil Judge(Senior Division), Hassan, in MC No. 37/2003 allowing the husband's petition under Section 13 of the Hindu Marriage Act, 1955 by dissolving the marriage performed on 29 -5 -1981 the wife has filed the present appeal.

(2.) FOR the sake of convenience the parties would be referred to as per their rank before the Court below.

(3.) THE learned counsel appearing for the appellant contends that the impugned order is bad in law and liable to be set aside. The lower Court has committed an error in granting the decree of divorce. That the lower Court failed to consider her case that the respondent -husband has failed to establish the ground of cruelty. Under these circumstances, he pleads that the appeal be allowed by setting aside the Judgment under appeal.