JUDGMENT :

(Alok Aradhe, J.)

This appeal under Section 19(1) of the FAMILY COURTS ACT , 1984 has been filed against the judgment and decree dated 19.07.2015 passed by the Family Court, by which petition filed by the appellant seeking dissolution of marriage on the ground of cruelty has been dismissed.

2. Facts giving rise to filing of this appeal briefly stated that the marriage between the parties was performed on 05.03.1995 in Bangalore. After the marriage, the respondent joined the matrimonial home and parties lived together for a period of one year at Devarabisanahalli and later on lived at Agara in a rented accommodation. It is not in dispute that a daughter and son was born to the parties and presently the son is aged about 21 years, whereas, the daughter is aged about 22 years. The appellant filed a petition on or about 21.03.2011 seeking dissolution of marriage on the ground of cruelty. In the petition, it was pleaded that on 05.08.2004, when the appellant was taking bath, the respondent started quarrelling with him and bet the appellant with 'lattagi' (stick) on the left arm. It was pleaded that the appellant sustained internal injury and received treatment from the Doctor. It was also pleaded that the respondent used to ill treat the appellant as well as his parents. It was averred that the mother of the appellant was suffering from paralysis. The appellant sent a legal notice on 12.08.2004 asking the respondent to join the matrimonial home. However, the respondent neither replied to the notice nor joined the matrimonial home. The appellant thereupon filed a petition under Section 9 of the HINDU MARRIAGE ACT , 1955 seeking restitution of conjugal rights on or about 16.07.2005. However, the same was subsequently withdrawn. Accordingly, the appellant sought dissolution of marriage on the ground of cruelty.

3. The respondent entered appearance and filed statement of objections, in which inter alia the factum of marriage as well as the birth of two children out of the wedlock was admitted. It was pleaded that the parents of the respondent had purchased a site in her name and her father along with her brothers, constructed nine houses without financial assistance of the appellant. It was also averred that father and brother have availed of the loan for construction purposes. In para 8 of the statement of objections, it was pleaded that the appellant was addicted to several bad habits and when she questioned the appellant, she was ill treated and abused. It was also denied that the respondent assaulted the appellant on 05.08.2004.

4. The appellant in order to prove his case examined himself and produced documents viz., Ex.P1 to Ex.P11. The respondent neither entered the witness box nor produced any documents in support of her claim. The family court vide judgment dated 16.07.2015 dismissed the petition filed by the appellant.

5. Learned counsel for the appellant while inviting the attention of this court to the averment made in the petition as well as the evidence of PW1 submitted that from the evidence of the appellant, it is evident that respondent subjected him to cruelty. It is also submitted that a reckless and baseless allegation was made in para 8 of the statement of objections not only against the appellant but his father as well. It is submitted that aforesaid action of respondent in making the baseless allegation in the pleading amounts to cruelty. In support of aforesaid submissions, reliance has been placed on decisions of Hon'ble Supreme Court in ' V. Bhagat Vs D. Bhagat ' , AIR 1994 SC 710 and K. Srinivasa Rao Vs D.A. Deepa ' , 2013(5) SCC 226 . On the other hand, learned counsel for the respondent has supported the judgment and decree passed by the family court.

6. We have considered the submissions made on both sides and have perus