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2023 Supreme(Kar) 752

S. VISHWAJITH SHETTY, ALOK ARADHE
Nagendrappa M. – Appellant
Versus
Lakshmidevi – Respondent


Advocates appeared:
M.R. Hiremathad, Advocate, G.J. Sunkapur, Advocate

JUDGMENT/ORDER

ALOK ARADHE,J. - This appeal under Sec. 19(1) of the Family Courts Act, 1984 arises out of judgment dtd. 12/10/2012 by which petition filed by the appellant / husband seeking dissolution of marriage on the ground of cruelty and desertion has been dismissed.

2. Facts leading to filing of this appeal briefly stated are that the appellant and the respondent got married on 19/12/1992 as per Hindu Customs and Rites. There is no child born out of the wedlock. It is the case of the appellant that after leading a happy married life, in few years, the respondent exhibited real colours verbally and emotionally tortured the appellant in front of his family members and did not perform the duties as a wife. The appellant filed petition seeking dissolution of marriage on or before 10/11/2021 inter alia on the ground that in the month of April, 2008, the respondent voluntarily left the matrimonial home and despite efforts being made by the appellant has not joined the matrimonial home. It was pleaded that respondent used to emotionally torture the appellant in front of his family members and did not cook food. It was also pleaded that the appellant used to pick up the fights without

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