Heard.

2.

“Whether the trial Court was justified in

granting decree of divorce against the appellant on the

ground of cruelty and desertion?” is the question involved

in this case.

3.

The

marriage

of

the

appellant

and

the

respondent was solemnized on 08.02.2006 at Bengaluru.

At the time of betrothal program, the respondent was

working

in

Rajarajeshwari

Hospital

near

Kengeri,

Bengaluru and the appellant was also working in some

private industry in Bengaluru. Before the marriage, the

respondent quit the job with Rajarajeshwari Hospital and

joined the District hospital, Mandya as staff nurse on

contract basis.

4.

Admittedly,

the

appellant

filed

Crl.Misc.No.660/2008 against the respondent under 12 of

- 3 -

the Protection of Women from Domestic Violence Act, 2005

(for short ‘the D.V. Act) before II ACMM, Bengaluru.

Subsequently the said case was transferred to the MMTC,

Bengaluru and renumbered as Crl.Misc.No.295/2011. In

that petition, she alleged that upto December 2007,

herself and the respondent lived cordially and thereafter he

subjected her to cruelty in connection with unlawful

demand and due to illicit relationship with female

colleague. She also alleged that he subjected her