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 to

physical, emotional and financial abuse and neglected to

maintain her. She filed Crl.Mis.No.571/2009 against the

respondent before the Family Court claiming maintenance

under Section 125 of Cr.P.C. In view of the proceedings

under the Domestic Violence Act, she withdrew the said

case.

5.

Thereafter on 13.03.2009, the respondent got

issued notice to the appellant as per Ex.P5 alleging that

she

has

subjected

him

to

cruelty

imputing

illicit-

relationship with his colleague and she has deserted him.

- 4 -

Under the said notice, he called upon her to give consent

for divorce or else he will initiate proceedings against her

in the Court of law. The appellant replied the notice as per

Ex.P6 dated 30.03.2009 denying the allegations of cruelty

and desertion and making counter allegations of desertion

and cruelty and demanding maintenance on the ground

that despite having sufficient means he has failed and

neglected to maintain her. She also referred to the

proceedings under the Domestic Violence Act which were

already filed.

6.

The respondent got issued another notice as

per Ex.P8 dated 13.01.2010 making the same allegations

of cruelty and desertion and calling upon her to join him

for restitution of conjugal rights. The appellant got issued

reply to the same as per Ex.P9 dated 27.01.2010 alleging

that she was forced to live separately due to the cruelty

inflicted by him and in view of such cruelty he is not

entitled to restitution of conjugal rights.

- 5 -

7.

After such exchange of notices, the respondent

filed M.C. No.10/2010 seeking restitution of conjugal rights

against the appellant before the Senior Civil Judge

(Sr.Dvn), Maddur. She filed Civil Petition No.82/2010

before this Court seeking transfer of the said petition to

the Family Court, Bengaluru. The said case was

transferred to Family Court, Bengaluru. It is also material

to note that after M.C No.10/2010 was transferred to

Family Court, Bengaluru, the respondent unconditionally

withdrew the same. Thereby, he withdrew the allegations

of cruelty and desertion made in the said petition and the

notices unconditionally.

8.

After that, he filed M.C No.1779/2011 against

the appellant under Section 13(1)(ia) and (ib) of the Hindu

Marriage Act (for short the “Act”) and under Section 7 of

the Family Court Act before the Family Court, Bengaluru.

The acts of cruelty alleged in the petition were:

1) The denial of the conjugal cohabitation to him.

2) Appellant posed threats of suicide.

- 6 -

3) She was imputing illicit relationship with his female

colleagues.

9.

The appellant contested the said proceedings

denying the allegations of cruelty and desertion and she

contended that the respondent himself was perpetrator of

the cruelty and that forced her to take shelter in her

parental home as