JUDGMENT :

(Vijaykumar A. Patil, J.)

This appeal is filed under Section 19(1) of the FAMILY COURTS ACT , 1984 against the judgment and decree dated 10.10.2014 passed in M.C.No.1043/2012 by the V Addl. Judge, Family Court, Bangalore, 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 appellant and respondent got married on 17.01.2005 as per Hindu customs in Bangalore. After the marriage respondent joined the matrimonial home. The respondent's mother used to interfere with the marital life. The respondent gave birth to a female child on 31.10.2005 and thereafter, the respondent started living with her parents. It is averred that the appellant requested the respondent to join the matrimonial home, however, she refused to join the matrimonial home. It is further averred that the respondent has requested the appellant to transfer the house property in her name, when the said demand was not complied with, she refused to join the matrimonial home and started harassing him. It is pleaded that respondent has filed police complaint against the appellant and his family members for the offences punishable under Sections 498A, 323, 324 325, 506 r/w Section 34 of IPC. The said criminal case is pending. The said act of respondent filing false case has caused mental cruelty to the appellant. It is further averred that the respondent has deserted the appellant from 20.02.2006 without any reasonable cause. Accordingly, the appellant sought dissolution of marriage on the ground of cruelty and desertion.

3. The respondent has filed statement of objections opposing the averments made in the petition. The respondent has admitted the factum of marriage and birth of female child out of the wedlock, however, she denies other averments of cruelty and desertion. It is further averred that appellant has not treated the respondent well, it is the appellant and his family members who have harassed her and used to demand dowry from her. It is further averred that due to cruelty and demand of dowry by the appellant and his family members, she has filed complaint with jurisdictional police. It is further averred that she was unable to live in such an atmosphere, hence, she was forced to leave the matrimonial home along with the child.

4. The appellant in order to prove his case has examined himself as PW1 and marked the documents Exs.P1 to P3 and the respondent examined herself as RW1, however no documents were marked. The Family Court vide judgment 10.01.2014 inter alia held that the appellant has failed to prove the grounds of cruelty and desertion for grant of decree of divorce and dismissed the petition.

5. The appellant's case is that the marriage between the parties was solemnized on 17.01.2005 and out of the wedlock a female child was born on 31.10.2005. Despite providing all the comforts, the respondent has caused cruelty on the appellant. It is his case that she has filed false criminal case against the appellant with an intention to harass him. It is averred that without any reason the respondent voluntarily deserted the appellant on 20.02.2006, hence the petition is filed seeking dissolution of marriage. The Family Court has failed to appreciate the material on record and erroneously came to the conclusion that the appellant has failed to prove the case for grant of decree of divorce on the ground of cruelty and desertion and dismissed the petition, hence, the present appeal.

6. The respondent supports the judgment and decree of the Family Court. It is the case of respondent that the appellant has failed to prove the case