PRAMOD KUMAR Vs. BHUVANESHWARI

JUDGEMENT

(1.) The aforesaid appeal has been filed seeking to set aside the judgment and decree dtd. 5/3/2019 passed by the V Additional Principal Judge, Family Court, Bengaluru, in MC No.2860/2013.

(2.) The appellant herein being the petitioner (husband)[petitioner] in the aforesaid MC 2860/2013, had filed the same under Sec. 13(1)(i-a)(i-b) of the Hindu Marriage Act,1955[HM Act, 1955] against the respondent (wife) for grant of divorce. By means of the impugned judgment and order, the petition filed by the petitioner, was dismissed by the Family Court.

(3.) The contention of the learned counsel for the petitioner is that cruelty was afflicted on the petitioner by way of desertion by the respondent. It is stated that the respondent kept on going to her parents' house, but refused to return to the house of the petitioner and threatened him with a case under the Protection of Women from Domestic Violence Act, 2005[DV Act]. It is stated that the father-in-law of the petitioner had threatened him and therefore, the Family Court was not justified in dismissing the petition for divorce.