Cruelty is a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

JUDGMENT :

VIJAYKUMAR A. PATIL, J.

1. This appeal under Section 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dated 20.01.2012 passed in M.C. No. 161/2010 by the Family Court, Mysore, by which the petition filed by the appellant seeking dissolution of marriage, was dismissed.

2. Brief facts giving rise to filing of this appeal are that the marriage of the appellant and respondent was solemnized on 22.04.2004 at Mysore as per customs and rites and out of the wedlock a female child was born on 23.08.2005. It is averred that the respondent joined the matrimonial home at Bangalore, where the appellant was working in a private company. It is further averred that after the birth of the child the respondent started showing different attitude towards the appellant and started to quarrel with him and his parents by using un-parliamentary words. It is also averred that the respondent used to quarrel and create embarrassment in social gatherings in front of relatives and friends.

3. It is pleaded that the respondent was not doing household work, used to misbehave with the appellant and his family members, she was adamant, ill tempered, and she used to threaten the appellant of filing false cases against him and his parents and also threatened to commit suicide. It is further pleaded that respondent used to leave the matrimonial home without informing the appellant and she was in the habit of frequently visiting and staying with her parents and on every occasion, the appellant had to bring her back to the matrimonial home. It is also pleaded that without the consent and without any reason the respondent left the matrimonial home on 05.04.2007 and never came back, hence the appellant had sent legal notice requesting her to rejoin, which went in vain.

4. The respondent has entered appearance before the Family Court and filed the statement of objections. The respondent has admitted the relationship, birth of the child and also admitted that the appellant was working in a Private Company in Bangalore. The respondent has specifically denied the allegations of cruelty and desertion by contending that it is the appellant and his parents, who have caused cruelty on the respondent, they used to find fault with each and every work of the respondent.

5. It is averred that the respondent's parents have given dowry as per the demand of the appellant's family. It is further averred that appellant and her in-laws have not provided proper medical treatment to the respondent, hence she stayed with her parents and gave birth to a female child on 23.08.2005. It is also averred that when they performed the naming ceremony of baby girl, she returned back to the matrimonial home. However, the appellant and his parents refused to take the respondent and her child back to the matrimonial home, therefore, the respondent, started living with her parents. It is pleaded that the appellant and his parents have caused physical and mental cruelty and they have refused to take the respondent to matrimonial home without any reason.

6. The Family Court has recorded the evidence. The appellant examined himself as PW-1 and another witness as PW-2 and produced Exs.P1 to P9. The respondent examined herself as RW-1 and produced Ex.R1. The Family Court based on the evidence adduced by the parties vide judgment dated 20.01.2012 dismissed the petition filed by the appellant. In the aforesaid factual matrix the present appeal has been filed.

7. Learned counsel for the appellant submits that the parties neither dispute the relationship nor the birth of the female child. It is submitted that the couple lived happily for sometime and thereafter, the respondent wife had started showing hostile attitude towards the appellant and family members. It is further submitted that respondent was adamant, never performed the duties of a wife, she used to humiliate and insult the appellant and his family members in the presence of friends and relatives and on many