NAGESH DHANAPP CHILKANTI Vs. SAU MANISHA NAGESH CHILKANTI

JUDGEMENT

(1.) THIS appeal was listed for final hearing on 5th May 2010 on which date we heard the counsel for the appellant in the first session. However as the counsel for the respondent was absent, we had kept the matter in the second Session. In the second session as well the counsel for the respondent did not turn up. Hence we kept the appeal on 6th May 2010 with a view to afford one more opportunity to the respondent. Even on 6th May 2010 neither the respondent nor her counsel appeared. As such we proceeded to conclude the matter with the assistance of the learned counsel for the appellant.

(2.) THE appellant is the original petitioner before the Family Court who instituted a petition No.898/05 against the respondent/wife for a decree of divorce under section 13(1)(ia) of Hindu Marriage Act. The petition for divorce on the ground of physical and mental cruelty was filed in the following facts and circumstances.

(3.) THE judgment of the trial court deals with the ground of filing false criminal case under section 498-A of IPC against the appellant and his family members in a very cryptic manner. Paragraph 12 of the judgment deals with the said issue. Para 12 reads thus: