AIR 2009 KARNATAKA 109 ::2009 (4) ALJ (NOC) 780 (KAR.) ::2009 (4) All LJ NOC 780 ::2009 (4) ALJ 780 ::2009 (3) AIR Kant HCR 177 ::2009 (3) AIR Kar R 177 ::2009 A I H C 2089 ::2009 (2) HinduLR 79 ::(2009) 3 CivLJ 232 ::(2009) ILR (Kant) 878 ::(2009) 3 ICC 206 ::(2009) 4 KCCR 2729 ::2009 (2) KantLJ 633 ::(2009) 2 Kant LJ 663 ::(2009) 79 AllIndCas 376 (KAR)

Karnataka High Court

Hon'ble Judge(s): K. L. Manjunath, B. V. Nagarathna , JJ

(A) Hindu Marriage Act (25 of 1955) S. 13 (1)(i-a), (i-b) — Divorce — Petition by husband — Ground of cruelty and desertion — Marriage between parties not consummated though parties lived together for 6 years — Evidence of wife to prove relation of husband with another lady remained unrebutted — Husband laid no evidence to prove cruelty by wife — Moreover fact that husband not made any attempt to get his wife back to home rather wife convened panchayat for joining matrimonial home would show that it is husband and not wife who deserted spouse — Husband not entitled to decree of divorce (Para 10,11)

(B) Civil Procedure Code (5 of 1908) O. 18, R. 4— Affidavit in lieu of examination-in-chief — Practice prevalent — Deprecated {" This Court is consistently observing in almost all the civil cases that after the amendment to Code of Civil Procedure, affidavit filed in lieu of examination-in-chief is nothing but replica of the plaint or the petition. Since parties are permitted to file affidavit in lieu of examination-in-chief, it is unfortunate that most of the advocates are not studying the case of the parties properly and in a mechanical manner examination-in-chief would be typed repeating the averments made in the pleadings. By examining all the cases in detail this Court has also observed that except cause title remaining portion of the pleadings would be the examination-in-chief. (Para 10) "}