JUDGMENT :

ALOK ARADHE, J.

1. This appeal under Section 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) has been filed against the judgment dated 09.09.2016 passed by the trial Court by which, the petition filed by the respondent under Section 13 of the Act seeking dissolution of marriage on the ground of cruelty and desertion has been allowed.

2. The facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 16.01.2006 at Madikeri as per the customs prevailed in their community. Thereafter, the parties started their matrimonial life at Madikeri. A daughter was born to the appellant on 14.10.2006.

3. Respondent filed petition on 15.12.2014 seeking dissolution of marriage on the ground of desertion and cruelty. In the petition, it was inter-alia averred that the appellant had deserted the respondent five years prior to the presentation of the petition. It was also pleaded that the appellant used to ill-treat, harass and insult the respondent as he belongs to a lower community. It was averred that the appellant was in the habit of leaving matrimonial home without informing the respondent and