SHOBHA Vs. SHIVABASAPPA

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed assailing the Judgment and Order dated 09.01.2015 passed by the Principal Judge, Family Court, Dharwad in M.C.No.49 of 2013.

(2.) The Petition before the Family Court was filed by the husband for restitution of conjugal rights which was dismissed. This appeal is therefore filed by the husband.

(3.) It is stated in the petition filed before the Family Court that the respondent was given in marriage to the petitioner on 27.04.2001 at Linganakoppa village and from the marriage the respondent has given birth to two children. It is stated that the respondent had a habit of going to her parents ' house without informing the appellant and that she was ill-treating the appellant. Appellant claimed that he obtained a transfer of his job to Linganakoppa village and took a rented house at Dharwad. He stated that since his parents were visiting him at his Dharwad house, his wife vacated Dharwad house and settled at Davanagere. The appellant was transferred to Gadag and he requested his wife to join him at Gadag along with children. The wife refused to join him at Gadag and she stayed in Davanagere only.