K MALLIKARJUNA Vs. H. A. SUDHA MALLIKARJUNA

JUDGEMENT

(1.) It is unfortunate that both husband and wife are residing separately for more than 21 years. The marriage is totally dead and even nothing is gained by trying to keep the parties tied for ever to a marriage that in fact has ceased to exist.

(2.) The appellant, who is the husband of the respondent has filed this miscellaneous first appeal against the impugned judgment and decree dtd. 21/1/2012 made in M.C.No.10/2003 by the learned Senior Civil Judge and Principal JMFC, Tarikere dismissing the petition filed under the provisions of Sec. 13(l)(ib) of the Hindu Marriage Act,1955 seeking divorce on the ground of willful desertion by the respondent-wife.

(3.) It is the case of the appellant-husband that his marriage with the respondent was solemnised as per the Hindu Customs and Traditions on 24/6/1999 at Sri Swarnambha Kalyana Mandira, Malleshwara, Kadur Taluk. The appellant and respondent are permanent residents of Kadur Town and had no issues. Since August 1999, the respondent without any just case has withdrawn from his company and refused to cohabit with him and in the year 1999, she left his house and went to her parents house without informing him. Thereafter, he went to the parents of the respondent and requested her to come back and cohabit with him, but she refused to do so. Subsequently, his elders also went to the parents house of the respondent and requested her to come back and live with him, but all their efforts went in vain. It is the further case of the appellant that the efforts made by him, his elders, well-wishers and friends to convince and bring back the respondent to her matrimonial house did not yield any result, since the respondent was very arrogant and stated that she would not cohabit with him. The family members and friends of both sides tried to convince the respondent, but she did not care for their advice. Thereafter, the respondent gave birth to a child at Balaji Nursing Home at Kadur and the baby died within a week from the date of delivery, which fact was not at all informed to the appellant. The appellant and respondent were last residing together at Ajjampura and she did not return inspite of repeated requests made by the appellant. Therefore, a petition came to be filed for divorce.