JUDGMENT :

1. Being aggrieved by the grant of decree of divorce at the instance of her husband on the ground of cruelty, the appellant wife has come up with this appeal under Sec. 19(1) of the Family Courts Act, 1984 against the judgment dtd. 7/12/2016 passed by the Family Court.

2. For the sake of convenience the parties are referred to by their rank before the Family Court.

3. Petitioner filed petition under Sec. 13(1) (i-a) & (i-b) of the Hindu Marriage Act , 1955 (hereinafter referred to as 'the Act' for short) contending that marriage of petitioner and respondent was solemnized on 10/6/2011 at Thimmaiah Kalyana Mantapa, Chikkamallur, Channapatna. However, after the marriage, respondent lived with the petitioner only for 10 days. Since the petitioner was living in a joint family, after 10 days of marriage respondent demanded the petitioner to set up a separate residence. When he did not agree, on 20/6/2011, at about 9.00 p.m. without informing the petitioner, respondent left his house and at 11.15 p.m. one of her aunts, informed the petitioner that respondent has come to their house. On 21/6/2011, respondent along with her relatives and parents came to the house of the petitioner and created nuisance. In the Panchayath, she was advised by the Panchayatdars, after which came back to the matrimonial house.

4. When the petitioner did not agree to set up a separate residence, respondent started blackmailing him by threatening of commit suicide. She also made allegations that petitioner is having illicit relationship with his sister-in-law. To save the reputation of the family, the petitioner was advised by his mother and brother to set up a separate residence. Accordingly, on 25/8/2011, petitioner set up a separate residence and started living with respondent and his mother. However, respondent again started creating trouble by demanding that his mother should not stay with them and when he did not agree, she left the matrimonial home for three months. In the Panchayath which was held thereafter, it was decided that the petitioner's mother should stay with her elder son.

5. Even after this arrangement, the behaviour of respondent did not improve. She was not doing household work and demanding food to be brought from the hotel. She threatened to commit suicide in a casual manner. During 2012, the respondent left the matrimonial home and went to her parent's house for Varamahalakshmi festival. However, she did not return to the matrimonial home even after several panchayaths. On 3/2/2013, respondent's father lodged a false complaint against the petitioner and his brother. The police detained the petitioner's brother. The petitioner's brother and mother were assaulted by rowdies at the behest of the respondent. Though staying under the same roof, they were living separately. On several occasions, at the instance of respondent, the petitioner and his family members were dragged to the police station. Ultimately, she deserted the petitioner during the year 2013. Accordingly, the petitioner had sought a decree of divorce on the grounds of cruelty and desertion.

6. Respondent has appeared through counsel and has filed objections inter-alia admitting the relationship between the parties. However, she has denied the remaining allegations. On the other hand she has alleged that during her stay with the petitioner, she was treated like a servant. She was assaulted upon for no reason. Even though the marriage was performed by spending Rs.5,00,000.00 including the jewelleries, petitioner and his family members were not satisfied. The respondent pleaded that it was the petitioner who had deserted, neglected and abandoned the respondent and that even now she is ready and willing to join the petitioner and has sought for dismissal of the petition.

7. During the enquiry, petitioner has examined himself as PW-1 and relied upon documents namely Ex.P1 and 2.

8. On the other hand respondent examined herself as RW-1 and got marked documents viz., Ex.R1.

9.