D.SURESH Vs. T.J.KAVYASHREE

JUDGEMENT

(1.) Leave granted.

(2.) The appellant husband is aggrieved by the judgment dtd. 3/9/2019 passed by a Division Bench of the High Court of Karnataka whereby matrimonial appeal preferred by the respondent- wife was allowed and marriage between the parties has been dissolved by a decree of divorce. The respondent-wife had filed the appeal against the judgment and decree dtd. 30/7/2014 of the Principal Judge, Family Court, Tumkur, dismissing her petition for grant of decree of divorce under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955.

(3.) The marriage between the parties was solemnized on 13/6/2004. Unfortunately, from the very inception, the couple faced marital troubles and according to the appellant, the respondent deserted him without any reasonable cause somewhere in the year 2007. Thereafter, the respondent-wife lodged FIR No. 156/2008 under Ss. 324, 506, 498A read with Sec. 34 I.P.C. and Ss. 3 and 4, Dowry Prohibition Act, 1961 on 4/7/2008 against the appellant and his family members. After investigation, a charge- sheet was filed and CC No. 16237/2008, arising from the aforementioned FIR, is pending before a court of competent jurisdiction.