D. NARASIMHA Vs. D. ANITA VAISHNAVI

JUDGEMENT

(1.) The appeal arises out of an order dtd. 2/11/2021 passed by the learned Principal Senior Civil Judge at Mahabubnagar, in H.M.O.P.No.20 of 2018. The appellant's petition for divorce under Sec. 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 (for cruelty and desertion) was dismissed by the Trial Court.

(2.) A brief factual background to the present appeal follows:

(3.) The learned Trial Court vide the impugned order dtd. 2/11/2021 dismissed the appellant's petition for divorce on the ground that the appellant had failed to establish a case of cruelty for grant of divorce. The Trial Court was also of the view that there was insufficient material to prove the fact of desertion or any intention on the part of the respondent to bring the cohabitation to an end. The Trial Court laid emphasis on the respondent coming to live with the appellant for a few days which according to the Trial Court was found to be reason enough for discounting the earlier criminal cases filed by the respondent against the appellant.