JUDGMENT :

(Anant Ramanath Hegde, J.)

This appeal is filed under Section 19(1) of the FAMILY COURTS ACT , 1984, challenging the judgment and decree passed in M.C.No.805/2012, on the file of II Additional Principal Judge, Family Court, Bengaluru, wherein the appellant/husband's petition seeking dissolution of marriage under Section 13(i)(a) of the HINDU MARRIAGE ACT , 1955 (hereafter referred to as `the Act'), is dismissed.

2. For the sake of convenience, the parties to the proceedings are referred to as the husband and the wife.

3. The brief facts necessary for the adjudication of the case can be summarised as under:

The marriage between the parties was solemnised on 15.11.2007. The husband has stated that from the marriage they have a daughter by the name Pooja, who was aged 3 1/2 years when the petition was filed. It is the case of the husband that the wife used to humiliate him on the pretext that he is dark-skinned. He has further stated that the husband used to bear insult for the sake of the child and it is further stated that on 29.10.2011, the wife went to Banaswadi Police Station and lodged a complaint against the husband and his family members including his aged mother, for alleged offences under Section 498A of INDIAN PENAL CODE . It is further stated that on account of this complaint, the husband was harassed by the Police and he was made to appear in Police Station as well as to the Court for several days. It is further stated that the husband and the family members obtained bail and they are contesting said petition. It is also stated that a case in Criminal Misc. No.259/2011 is filed under Domestic Violence Act. It is further stated that the wife has left the company of the husband and is staying with her parents and child and has not returned to the matrimonial home.

4. It is further alleged that from the date of marriage, the wife was harassing the husband without there being any cause. He has further stated that the wife has treated the husband with cruelty and she is not ready to join the company of the husband and she is not interested in keeping the marriage alive. It is also stated that the wife has complained about the husband before his employer and the employer has called upon the husband seeking an explanation.

5. The husband further states that all these acts of the wife led to mental agony and he went into depression and based on these facts, the husband has sought for dissolution of the marriage on the ground of cruelty from the wife.

6. The wife has contested the petition filed by the husband. She has admitted the relationship and has also admitted the fact that they have a daughter from the wedlock. All other allegations of cruelty are denied by the wife. It is stated by the wife that after the marriage, the wife was staying in her matrimonial home along with the in-laws, sister-in-law and brother-in-law up to March 2011. Thereafter, on 07.04.2011, the couple shifted to a separate residence in Kariyanapalya, St. Thomas Town, Bangalore. It is further stated that the husband's mother, sister-in-law and brother-in-law used to visit the house of the couple every day. It is also alleged by the wife that the husband hardly communicated with her and he used to return late at night and did not allow the wife to go out of the house. It is also alleged by the wife that the husband and his family members used to abuse the wife in foul language and they were demanding dowry from her father. It is further alleged that she was not looked after properly and she was ill-treated.

7. It is also stated by the wife that she was working in a private concern and her earning was given to the husband and the family me