SHIVANANDA MOOLYA Vs. PREMA

JUDGEMENT

(1.) THIS appeal is filed assailing the judgment and decree dated 14.08.2013 passed in M.C. No. 27/2013 (Old No. 63/2011) on the file of the Principal Judge, Family Court, Chikmagalur, by the unsuccessful husband before the said Court.

(2.) THE fact is:

(3.) IN the body of his judgment, the learned trial Judge takes note of the admissions emerging in the cross -examination evidence of PW. 1/husband and PW. 2/his son. The husband has admitted that a case for maintenance is filed by the wife and he had called upon the wife in his legal notice to join him. PW. 2/the son had admitted that his younger sister committed suicide and there was an allegation of the said murder against his father. His mother has filed complaint against him (witness) also. The learned Judge on appreciation of the evidence, observes that the provisions of Section 12 of the Hindu Marriage Act invoked by the husband does not deal with divorce on the ground of cruelty. Allegations made out against the wife is not supported by independent evidence. The criminal case is pending against the husband for the murder of the daughter. There is only oath against oath, the allegations made against the wife do not amount to cruelty for granting a decree of divorce.