JUDGMENT : B.A. PATIL, J. 1. Today also both the parties are not present before the Court. 2. Learned counsel for the appellant submits that there is no possibility of amicable settlement between the parties. The said submission is placed on record. 3. Though this appeal is listed for admission, with the consent of the learned counsel appearing for the parties, the same is taken upon for final disposal. 4. The present appeal has been preferred by the petitioner husband challenging the judgment dated 06.01.2015 passed by the Judge, Family Court, Belagavi in M.C.No.135/2011. 5. The case of the appellant in brief is that, the respondent is legally wedded wife of the petitioner. Their marriage was solemnized on 15.12.1991. After the marriage they were staying together. Thereafter, it is alleged that she did not even allow the petitioner to fulfill his pious duties, towards his parents and in the year 1994 she gave birth to a female child by name Aparna. It is further contention of the appellant that the behavior of the respondent wife was not natural and she was having a sadist approach, she deliberately used to lock the house and go out, when the appellant was coming to home for lunch. Sometimes she did not open the door in the night and she used to make him to wait at the door till 11.00 or even late night. It is his further contention that since several years she was insisting the appellant to give Rs.500/- as daily expenses, for which, he refused. She frequently used to go to her parents house without any reason and used to stay for a long period without the knowledge or consent of the appellant. 6. It is further contended that she deserted the company of the appellant and she also threatened him that she is going to commit suicide and lodge the complaint with the police. On the basis of the said contention he prayed to give divorce against the respondent. 7. On service of the notice respondent wife appeared and thereafter the matter was referred to conciliation, but the matter was not amicably settled. On the basis of the said contention he prayed to give divorce against the respondent. 7. On service of the notice respondent wife appeared and thereafter the matter was referred to conciliation, but the matter was not amicably settled. Thereafter the objection has been filed contending that, immediately after the marriage, the appellant at the instigation of the family members has taken away all the golden ornaments stating that same are required for investing in his business with the hope that her husband is in need of money, for furnishing his business, she handed over all the gold ornaments without any hesitation. 8. It is further contended that the appellant and his family members are very greedy and insisting the respondent to bring the money from her parent's house and as her father was working as Assistant Commissioner in Endowment Department and having agricultural properties and other income. It is further contention that the appellant used to insist to purchase a vehicle by raising the loan in the name of the petitioner. 9. It is further contended that she used to torture the respondent and the family members and even she used to object. It is further contended that without there being any reasons, they used to abuse and harass the respondent and there was a cruelty and whenever she alone in the house, his family members and petitioners used to ill-treat and harass and also used to beat her. It is also contended that she is ready and willing to join with the appellant and other allegations have been denied. 10. On the basis of the said pleading the family court framed as many as four issues. In order to prove the case of the appellant, appellant got examined himself as PW.1 and no documents have been got marked. Thereafter respondent got examined herself as RW.1 and one more witnesses came to be examined as PW.2. No documents were got marked. After closure of the evidence and after hearing the learned counsel appearing for the parties, the impugned judgment came to be passed by which the petition filed by the appellant husband came to be dismissed. 11. Thereafter respondent got examined herself as RW.1 and one more witnesses came to be examined as PW.2. No documents were got marked. After closure of the evidence and after hearing the learned counsel appearing for the parties, the impugned judgment came to be passed by which the petition filed by the appellant husband came to be dismissed. 11. It is his contention of the learned counsel for the appellant - husband that though there is sufficient material to show that the respondent herself has deserted the appellant - husband, the court below has come to a wrong conclusion and has erroneously dismissed the petition. 12. It is her further contention of the appellant that the respondent herself has left the house and staying with her parents along with her daughter. Thereafter she has not returned to her matrimonial home, even all the efforts which have been made became in vain. This aspect has not been properly considered and appreciated by the trial court. It is further contention of the appellant that the evidence produced clearly establishes the fact that, the respondent wife has treated the appellants-husband with cruelty and refused to cohabit with him and has not performed matrimonial obligations without any justifiable reasons. This aspect has not been properly appreciated by the trial court. 13. It is further submitted that if the petition and evidence are read together there is an ample material to dissolve the marriage. The Trial Court erroneously passed the impugned order. On all these grounds he prayed to allow the appeal and set aside the impugned judgment. 14. Per contra, the learned counsel for the respondent wife vehemently argued and submitted that the trial court after considering the evidence of both the parties has come to a right conclusion that the respondent wife is ever ready and willing to join with the appellant husband. After considering the said fact, the trial court has dismissed the matter. No documents have been produced to show that he was ever ready and willing to perform his matrimonial obligations and he has shown love and affection towards the respondent-wife. 15. It is her further submission that she has filed maintenance petition and maintenance has been awarded by the court to the extent of Rs.7,000/ to both herself and her daughter even the same has not been paid. 15. It is her further submission that she has filed maintenance petition and maintenance has been awarded by the court to the extent of Rs.7,000/ to both herself and her daughter even the same has not been paid. That itself shows that he himself has refused to maintain the respondent wife. After considering the material placed on record, the Court below has rightly dismissed the petition, the same is liable to be confirmed. On these grounds she prayed to dismiss the appeal. 16. We have carefully and cautiously gone through the submission of the leaned counsel appearing for the parties and perused the records. 17. There is no dispute with regard to the marriage relationship between the appellant and the respondent wife. It is also not in dispute that out of the said wedlock, they have given birth to a female child. The only contention which has been contended that there is a cruelty and she has deserted the appellant husband and as such, the trial court ought to have granted the decree. In order to substantiate the fact that the respondent wife has deserted him for a continuous period of not less than two years, immediately proceeding to presentation of the petition, in their behalf no material has been produced. Even though the appellant husband was came to be examined but not produced any document to substantiate his contention he has neither issued the legal notice nor examined any witnesses before the court nor filed any petition for restitution of conjugal rights. When it is specific case of the appellant husband that the respondent herself deserted him without any reason but she has to substantiate with cogent and acceptable evidence. In the absence of any material, the court below has come to a right conclusion. It is also noticed that, when a suggestion has been made by the respondent he lived with his wife, parents and brother in a rented house. His pleadings that respondent is insisting him to make a separate house which falsify the admissions since from the date of the marriage husband and wife living in a rented house and her parents and brothers were living separately. That itself shows that the appellant has not come to the Court with clean hand and it is only with an intention to obtain a divorce a false case has been registered. That itself shows that the appellant has not come to the Court with clean hand and it is only with an intention to obtain a divorce a false case has been registered. Even the record also shows that the respondent has clearly deposed in her evidence that she is ever ready and willing to join the company of her husband to lead the matrimonial life. 18. During the course of arguments it is submitted that the appellant husband has already got married to another woman that itself falsify his contention that he was willing to take her back and he made all the efforts. 19. When there is no material produced to show that the respondent wife herself has deserted and abandoned the house for a statutory period. Under such circumstances the petition which has been filed for the divorce is liable to be dismissed. Accordingly, the trial court after considering the material has come to a right conclusion that the material produced does not substantiate to prove the grounds which has been assaulted by the appellant husband. We have carefully and cautiously gone through the judgment of the trial court. The judgment of the trial court is neither erroneous nor illegal, it does not deserve any interference. Hence the same is liable to be confirmed and accordingly it is confirmed. The appeal is dismissed.