JUDGMENT :

Heard.

2. “Whether the trial Court was justified in granting decree of divorce against the appellant on the ground of cruelty ?” is the question involved in this case.

3. The marriage of the appellant and the respondent was solemnized on 01.05.1955. Out of the said marriage, the couple begot three daughters and one son. The son unfortunately died on 07.03.1984 as bachelor. Initially the respondent was working as a school teacher and was residing in rented house at Cottonpet, Bengaluru. Later, he purchased house in First Cross, Magadi Road, Bengaluru and the couple were living there.

4. On 03.09.2010 the respondent filed M.C.No.2852/2010 against the appellant under Section 13(1)(ia) and (ib) of the Hindu Marriage Act (‘the Act’ for short) seeking decree of dissolution of the marriage. His case in brief was as follows:

That in the year 1994, the appellant performed the marriage of their daughter Leelavathi with her cousin Prakash against his wish. After such marriage, in 1995 she deserted him and started residing in the house of Leelavathi and Prakash. Due to such desertion, he was forced to eat outside, thereby he developed Ulcer. For that he was treated in Kempegowda Hospital