N.K. Patil, J.— This appeal arises out of the impugned judgment and order dated 18th December, 2010, passed in M.C. No. 241 of 2008, by the learned Judge, Family Court, Mysore, dismissing the petition filed by appellant, under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, on grounds of cruelty and desertion.

2. The brief facts of the case on hand as set out in the petition are that, the appellant and respondent are husband and wife and their marriage was solemnised on 4th May, 2003, at Pandit Narayan Choultry, Mysore, as per the Hindu Customs prevailing in their community. Thereafter, the respondent joined the company of the appellant and they lived together as husband and wife in the matrimonial home. The respondent lived with the appellant, till about two and a half years prior to filing of the petition.

2-A. Be that as it may, it is the specific case of the appellant that, when the respondent failed to beget children, she deserted him on her own will and volition and started staying in the house of her parents at Nanjangud and never bothered to return to the matrimonial home to lead marital life with him. It is the further case of the appellant that hi