JUDGMENT/ORDER

K.S.MUDAGAL,J. - Aggrieved by dismissal of his petition for divorce, the petitioner in M.C.No.95/2007 on the file of the Family Court, Mysore has preferred this appeal.

2. The appellant filed M.C.No.95/2007 under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 ('the Act' for short) before the trial Court seeking decree for dissolution of marriage.

3. For the purpose of convenience the parties will be referred to henceforth according to their ranks before the trial Court.

4. The petitioner filed M.C.No.95/2007 against the respondent before the trial Court seeking decree for dissolution of marriage on the ground of cruelty and desertion. That was contested by the respondent. At the first instance, by the judgment dtd. 25/2/2010 the trial Court dismissed the said petition with cost of Rs.5,000.00 holding that the alleged cruelty and desertion were not proved.

5. The petitioner challenged that judgment before this Court in M.F.A.No.2755/2010 (FC). This Court by judgment dtd. 6/6/2012 set aside the judgment and decree and remanded the matter to the trial Court to enable the petitioner and the respondent both to adduce further evidence before the trial Court. While so re