GANESH NAIK B. Vs. DEEPA R.

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dtd. 2/12/2023, passed in M.C.No.116/2023, on the file of Principal Judge, Family Court, Shivamogga, (for short, 'Family Court'), by the petitioner.

(2.) For the sake of convenience, we refer to the parties as per their ranks before the Family Court.

(3.) The appellant/petitioner filed petition under Sec. 13(1)(i-a) (i-b) of Hindu Marriage Act, 1955, seeking decree for divorce. In the petition, he stated that his marriage was solemnized with the respondent on 13/12/2019 at Agrahara Tanda of Kadur Taluk, in accordance with Hindu customs and rituals; It was registered in the office of the Sub-Registrar, at Kadur on 10/2/2020; They lived together in his house at Shivamogga till 17/1/2020; During the said period, respondent was harassing him and treating him cruelly; He tolerated the said harassment for some time; Thereafter, due to intolerable harassment, he could not continue his marital relationship with respondent. Their marriage was not consummated; On 17/1/2020, respondent deserted him and started residing permanently in her parents' house; In spite of his repeated requests, she did not return to his house to lead marital life. Therefore, he prayed for grant of decree of divorce.