For desertion under the Hindu Marriage Act, both the absence of reasonable cause and the element of animus must be established; mere separation is insufficient to claim desertion.

JUDGMENT :

T.M.NADAF, J.

This appeal is by the husband calling in question the judgment and decree dated 27.10.2018 in M.C.No.32/2016 passed by the Principal Senior Civil Judge and JMFC., Belthangady, D.K, dismissing the application filed by the husband under Section 13(1) (ib) (desertion ground) of the Hindu marriage Act, 1955.

2. The parties are referred to as per their rankings before the trial Court.

3. Brief outline of facts are as follows:

Per petitioner-husband:

4. The petitioner and respondent are husband and wife. Their marriage was solemnized on 22.11.2009 as per Hindu rites and customs at Kollur.

5. After the marriage, the respondent joined the petitioner to lead matrimonial life at Sudemugeru of Belthangady Taluk (matrimonial home). The mother of the petitioner is residing along with the petitioner. Since the marriage, the respondent has not discharged her matrimonial obligations towards the petitioner. There was no cordial relationship between the petitioner and the respondent due to hostile attitude of the respondent. 6. The petitioner is a photographer by profession and running a studio in the name and style 'Karthik Studio' at Santhekatte and leading life on the income from the photo shop. But the respondent pressing on shifting to Kerala.

7. The petitioner somehow managed the relationship looking at the dignity and decorum of the family. However, there was no changes in the behavior of the respondent to lead a happy married life. Ultimately on 04.04.2010 when the petitioner was not in station, respondent left the matrimonial home and went to her parental home. The petitioner upon enquiry learnt that, she had moved to her parental home and reached therein. Despite several requests by the petitioner, respondent was reluctant to return to matrimonial home to lead married life and discharge the obligation as a dutiful wife.

8. The petitioner had made several attempts to bring the respondent back to matrimonial home, however the same went in vain. Ultimately on 08.07.2016 he has issued a legal notice, calling upon her to join his company at the matrimonial home within 15 days from the date of receipt of the notice, lest the same would be treated as a refusal to join the company and the petitioner would initiate suitable legal steps to put an end to the marital tie.

9. The respondent, despite receipt of notice, has not made any attempt to join petitioner, which made the petitioner to file the petition for divorce on the ground of desertion.

Per respondent:

10. Upon service of notice, the respondent appeared through her counsel and filed detailed statement of objections denying the entire petition averments.

11. The respondent has contended that the petitioner and respondent resided in the matrimonial home for a period of 8 months. It is stated that though the life was sweet at earlier point of time and she was looked after by the petitioner with all love and affection, but the petitioner gradually started showing his true colour and life started a sour era. The petitioner restricting the respondent even from the day to day activities and imposing the practices prevalent in his family. The petitioner's family are very superstitious believers and compelled the respondent to observe those rituals being followed in his family.

12. The respondent as the time passed did not treated properly in the matrimonial home and she was humiliated and ill treated without there being any reason. Respondent was conceived within four months of marital cohabitation. The respondent request to the petitioner to take her to the hospital for pregnancy check-up, was turned down by the petitioner stating that none of their family members visited the hospital so far during the