1. The legality and correctness of the judgment and decree passed in M.C. No.50/2007 on 06.01.2010 by the First Additional Civil Judge (Sr.Dn.), Hubli is called in question in the instant appeal.

2. The respondent filed a petition for grant of decree of divorce to dissolve the marriage solemnised on 08.05.2004 between the parties herein at Gangadhar Nagar, Hubli under Section 13(1) (ia) and (ib) of the Hindu Marriage Act on the ground of desertion and cruelty.

3. According to the petition averments, the marriage was solemnised on 08.05.2004. They lived happily at Hubli till 20.12.2004. According to him, the wife is of adamant nature; she used to quarrel with him without any reason and same treatment was extended to his family members; she was not co-operative with him; she always used to use filthy language; she was very-very cruel and rude to him; she is a short-tempered lady; she was insulting him and his parents, and she was also proclaiming that she has no intention to lead marital life with him and she had no willingness to marry him.

4. On 20.12.2004, the mother and brother of the wife came to his house when she was pregnant of eight months and on that day, the wife attempted to cause injury to him with a vegetable cutter. She left the matrimonial home along with her brother and mother. The attempts made to bring her back to matrimonial home through the elders ended in vain. It is also his case that she gave birth to a female child on 07.03.2005 and she has not even info ivied the same to him. When his mother went to see his child, she was not allowed to see her grand-child. Therefore, he filed a petition on the ground of cruelty and desertion.

5. The respondent/wife contested the case. She admitted the marriage and the child born to her. According to her, she is an MA Graduate and she is always willing to lead a respectable life with her husband and in-laws. Six months after the marriage, her husband and her parents-in-law were abusing and insulting her on the ground that she has come from a poor family arid, did not bring any dowry or any valuable articles after the marriage. It is also her case that the maid servant was removed and she was asked to work like a maid servant n their house.

6. It is also her case that her husband's family is running an educational institution wherein she was working as a lecturer in the College and the respondent was always assaulting her and hurting her feelings on the ground that she was unable to bring dowry either by way of cash or gold; that the husband and his family members did not even attend the naming ceremony inspite of the request made by her. She also stated that she was ready and willing to live with the husband and join him with the child. In the circumstances, she requested the Court to dismiss the petition.

7. In order to prove their respective contentions, husband was got examined as PW-1 and he has relied upon Exs.P-1 to 10. The appellant/wife got examined herself as RW-1, but no documents were marked on her behalf.

8. The Trial Court formulated the following points for its consideration:-

(i) Whether the petitioner proves that the respondent has treated him with cruelty?

(ii) Whether the petitioner further proves that the respondent has deserted him for continuous period of not less than two years immediately preceding presentation of this petition?

(iii) What order?

9. After considering the evidence let-in by the parties, both the points were held in affirmative and ultimately, the decree of divorce was granted to them, on the ground of desertion and cruelty.

10. We have heard the learned counsel for both the parties.

11. Mr. B.D. Hegde, learned counsel for the appellant submits that the appreciation of the evidence by the Court below is contrary to law and the Evidence Act. The trial court, without assigning any reasons and without considering the evidence let-in by the husband, has wrongly come to the conclusion that the appellant has treated the respo