Aggrieved by dismissal of his petition for divorce, the

petitioner in M.C.No.95/2007 on the file of the Family Court,

Mysore has preferred this appeal.

2.

The appellant filed M.C.No.95/2007 under Section

13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (8the Act9 for

short) before the trial Court seeking decree for dissolution of

marriage.

3.

For the purpose of convenience the parties will be

referred to henceforth according to their ranks before the trial

Court.

4.

The petitioner filed M.C.No.95/2007 against the

respondent before the trial Court seeking decree for

dissolution of marriage on the ground of cruelty and desertion.

That was contested by the respondent. At the first instance,

- 3 -

by the judgment dated 25.02.2010 the trial Court dismissed

the said petition with cost of Rs.5,000/- holding that the

alleged cruelty and desertion were not proved.

5.

The petitioner challenged that judgment before

this Court in M.F.A.No.2755/2010 (FC). This Court by

judgment dated 06.06.2012 set aside the judgment and

decree and remanded the matter to the trial Court to enable

the petitioner and the respondent both to adduce further

evidence before the trial Court. While so remanding t