S SREEKANDAN NAIR Vs. P S LEELA

JUDGEMENT

(1.) The appellant herein is the husband of the respondent and he filed O.P.(HMA) No.349 of 1998 before the Family Court, Thiruvananthapuram, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), on the ground that the respondent treated him with cruelty and she deserted him from 12th September, 1994. The respondent denied the averments in the petition and opposed the claim for dissolution of marriage.

(2.) Both parties adduced oral evidence and the appellant/petitioner produced Exts.A1 to A8 also. After considering the evidence on record, the Family Court dismissed the petition, on a finding that the appellant/petitioner failed to prove the alleged fact that the respondent treated him with cruelty and she deserted him for a continuous period of not less than two years, immediately preceding the presentation of the petition. The legality and correctness of the aforesaid findings, whereby the Family Court dismissed the Original Petition, are challenged in this appeal.

(3.) Heard the learned counsel for the appellant and the learned counsel for the respondent.