JUDGMENT

This appeal under Section 19(1) of the Family Courts Act, 1984 along with Section 28 of the Hindu Marriage Act, 1955, has been filed against the judgment and decree dated 19.11.2015 passed in M.C.No.205/2013 on the file of Principal Judge, Family Court at Chikkamagaluru, by which the petition filed by the respondent under Section 13(1)(ia)(ib) and (iii) of the Hindu Marriage Act, 1955 (for short 'the Act') seeking dissolution of marriage on the ground of cruelty, desertion and unsoundness of mind has been allowed.

2. Facts leading to filing of this appeal briefly stated are that the marriage of the appellant and respondent was solemnized on 13.03.2011 at Banashankari Kalyan Mantap, Belur Road, Halebeedu, as per the Hindu Rites and Customs. It is averred that the respondent is working in Indian Army and both the parties lived together for a period of 45 days in the matrimonial home and thereafter, the respondent rejoined the work and left the appellant in his parents house. It is further averred that appellant used to speak over the phone with strangers hours together and when the parents of the respondent enquired, she gave evasive replies. It is also averred that in June 2011 the appellant left the house of the respondent on the pretext of attending M.A. examination and without attending the examination she was with one Ashoka S/o. Siddegowda, her matrimonial uncle’s son. On enquiry the appellant has informed that she had an affair with the said Ashoka and intended to marry him, however, her parents have not agreed for the same. It is pleaded that on 06.09.2011 around 20 to 30 family members of the appellant came to the house of the respondent and caused nuisance. After knowing the real fact they left the respondent's house, hence the respondent has got issued legal notice to the appellant on 09.09.2011 calling upon her to give consent for divorce. It is further pleaded that vague reply has been sent and false criminal case was filed for demand of dowry and that the attitude of the appellant was intolerable causing mental torture, harassment and cruelty to the respondent.

3. The appellant has filed statement of objections before the Family Court admitting the factum of marriage and also admitted that respondent is working in Indian Army. It is averred that respondent is making false and baseless allegations against the appellant. It is also averred that parents of the respondent insisted and arranged the marriage, as both the families knew each other. It is the father of the respondent, who was in the habit of suspecting and dictating terms to the appellant, which has caused physical and mental harassment to the appellant. It is pleaded that the appellant tried her best to lead happy married life. However, the respondent and his parents did not allow her to live happily, hence she was compelled to file criminal case. Respondent's parents have insisted the respondent to file this petition with an intention to get the respondent married with another woman.

4. The Family Court has recorded the evidence. The respondent examined himself as PW.1 and got marked Exs.P1 to P7. The appellant examined herself as RW.1 and got marked Exs.R1 to R4. The Family Court based on the evidence adduced by the parties vide judgment dated 19.11.2015 allowed the petition filed by the respondent/husband. In the aforesaid factual background this appeal has been filed.

5. Learned counsel for the appellant submits that Family Court has allowed the petition without application of mind and is contrary to the material on record. It is submitted that Family Court has not considered the oral and documentary evidence in its proper perspective, which has resulted in miscarriage of justice. It is further submitted that Family Court has failed to appreciate that respondent has failed to prove the grounds for dissolution of marriage as required under Section 13 of the Act and without making paramour party to the proceedings.

6. The Family Court has accepted t