(1.) Though the matter is listed for orders regarding condonation of delay in filing the appeal, the matter is heard on merits and disposed of.
(2.) The unsuccessful appellant/husband has filed the above appeal challenging judgment and decree dated 9.4.2013 passed in MVC No. 3525/2011 on the file of the II Additional Principal Judge, Family Court, Bengaluru dismissing his petition under the provisions of Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (for short hereinafter referred to as 'the Act') holding that the appellant/husband has not established that he was subjected to cruelty by the respondent/wife and also not established that the respondent/wife has deserted him for a continuous period of not less than two years immediately preceding the presentation of the petition.
(3.) It is the case of the appellant that his marriage with the respondent was solemnized on 26.5.1976 at Sri Padmanabha Swamy Temple Kalyana Mantapa, Thiruvananthapura, Kerala State. Out of their wedlock one son by name Praveen, aged 32 years and one daughter by name Pavithra, aged 29 years were born and the said two children are married. In the initial stage, the appellant and the respondent were cordial. Of late the respondent developed hatred towards the appellant and ultimately the said hatred became worse. The appellant was serving in military and the children are supporting the respondent which also caused mental agony to the appellant. The respondent is of suspicion in nature and she used to criticize the appellant stating that he is sitting alone, consuming food, sleeping and walking. These criticisms also caused mental cruelty to the appellant and the same reached climax which could not be tolerated by him. The respondent also used to neglect the appellant, abuse him in foul language and confine him in the house and after about 6 months, he came out from the matrimonial home and started to reside in a rented premises bearing No. 33, 3rd 'B' Cross, Vishweshwaraiah Layout, M.B. Nagar, Kalkari Road, Bangalore, etc and therefore, he sought for divorce.