JUDGMENT :

Mr. Anant Ramanath Hegde, J. - In this appeal the husband/appellant is challenging the judgment and decree dated 25.07.2017 passed in M.C. No.40/2013 on the file of the Family Court at Bengaluru.

2. In terms of the aforementioned judgment and decree, the Family Court dismissed the husband's petition seeking dissolution of marriage under Section 13(1)(ia) and (ib) of the HINDU MARRIAGE ACT , 1955.

3. Certain facts necessary for the adjudication of the case can be summarized as under:

4. The parties were married on 29.4.1984. The husband has stated that there was no cordial relationship between the couple and the wife used to quarrel and irritate the petitioner stating he is not good looking and not a suitable match for her. It is further stated that the wife used to harass the petitioner on one pretext or the other and the petitioner being a humble person tolerated the ill-treatment. It is further stated in the petition that in the year 2000, the wife left the matrimonial home and her whereabouts were not known till November 2012. It is further stated that in the year 2012 all of a sudden she appeared and demanded share for herself and the son in the family properties. The petitioner states that he was not made known about the birth of the son, till then. It is further stated that the respondent confined the petitioner in a room for about 20 days and thereafter the petitioner somehow managed to get away from the said place and stayed in his sister's house for few days and later he filed a complaint against the wife in Sanjaynagar Police Station. It is further stated that during this illegal confinement, he was asked to surrender the cheque book and his signature was obtained on blank cheque leaves.

5. The petitioner has further stated that ever since his wife left him, he has been staying all alone without the help and assistance of his wife. It is further stated that in the month November, 2012, respondent/wife showed him the DNA test report and asserted that son Koushik is born to the petitioner from the wedlock with the respondent. The petitioner stated that he has been subjected to humiliation on account of the DNA test conducted to ascertain the paternity of his son Koushik. Based on these facts, the petitioner has sought for dissolution of the marriage on the grounds of cruelty and desertion .

6. The wife filed statement of objection and contested the petition.

7. The relationship and marriage is admitted. It is her specific stand that son was born on 25.02.1989 from the wedlock. It is contended by the wife that the husband started disputing the paternity on the ill-advice of his family members. However, it is stated that despite such baseless allegation, the wife continued to live with him hoping that things would be normal.

8. It is alleged by the wife that in October 2000, the respondent and her son were driven out of the house. It is contended by the wife that consent decree for eviction was obtained in collusion against the husband with an intention to evict the wife and the son from the house. It is further stated that the wife and the son started residing in Sheshadripuram in Bangalore after the eviction and it is further stated that the husband refused to join the wife and the son. The wife has contended that husband has abandoned the wife and the son who was just aged 11 years. It is further stated the husband has not made any arrangement for the livelihood of the respondent and his son and all the expenses of the son were borne by the wife's parents. It is f