JUDGMENT :

Mr Anant Ramanath Hegde, J. - The petitioner/husband is challenging the judgment and decree dated 08.01.2018 passed in M.C.No.1940/2013 on the file of the III Additional Principal Judge, Family Court, Bengaluru. In terms of the said judgment and decree, the petition filed by the husband seeking dissolution of marriage on the ground of desertion is dismissed by the Family Court.

2. The parties to the proceedings are hereafter referred to as the husband and the wife.

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

The marriage between the parties was solemnised on 03.12.2007. A child was born to the couple on 06.09.2008. It is averred in the petition that the respondent/ wife was a divorcee before the marriage and she is a relative of the husband. After the divorce of the first marriage, marriage with the appellant was solemnised on 03.12.2007. It is further stated that the husband used to stay in the house of the father-in-law along with his wife. It is further alleged in the petition that on 12.08.2010 there was a quarrel between the husband and wife and the family members of the wife and the husband was driven out of the house and was asked not to return to the house. The husband has further stated that he has made several attempts and requested the wife to join the company of the husband, but the wife refused to join the company of the husband. Based on these facts, the husband filed a petition in the year 2013 seeking the dissolution of the marriage on the ground of desertion.

4. The petition is contested by the wife. Allegations levelled against her are denied. The wife has taken a stand that the husband left the company of the wife on 12.08.2010. She has denied the incident alleged to have taken place on 12.08.2010. The fact that she has a son born from the marriage is admitted and it is also admitted that the husband was residing with the wife and with her parents for some time. The wife has taken a stand that on 12.08.2010, the husband without there being any cause, left the house and started staying away from the wife and the minor child. It is also her contention that the husband has not taken care of the son and has prayed for the dismissal of the petition.

5. Before the Family Court on 01.06.2015, the husband concluded his evidence and, on that day, there was no representation on behalf of the wife and the Court passed an order stating that there is no cross-examination of the husband. Thereafter, the case was posted for evidence of the wife. On 02.09.2015, the wife led her evidence and is cross-examined. Thereafter, the Family Court after hearing the parties has dismissed the petition on the premise that the desertion as alleged by the husband is not established.

6. Aggrieved by the said judgment and decree, the appellant/husband is in appeal.

7. Heard the learned counsel appearing for the appellant/husband. There is no representation on behalf of the respondent/wife.

8. Learned counsel for the appellant/husband submitted that there is no cross-examination of the evidence led by the husband and there is no specific denial to the averments in the petition relating to the desertion and these facts are overlooked by the Family Court and the Family Court has dismissed the petition on the premise that the husband has left the house on 12.08.2010 based on the statement given by the wife in her examination-in-chief.

9. It is further submitted that the cross-examination would establish the fact that there was a quarrel between the husband and the wife and her family members on 12.08.2010 and the evidence of the wife, in her cross-examination, if read in its entirety, would lead to the