H.G. GIRIJASHRI Vs. K.N. MANJUNATH

JUDGEMENT

(1.) Though this appeal is listed for admission and to condone the delay of fourteen days in filing the appeal, we have heard learned counsel for the appellant.

(2.) The appellant is wife, while the respondent is husband. The respondent/husband had initially filed a petition in M.C.No.47/2011 seeking restitution of conjugal rights. That petition was decreed by judgment and decree dated 05/07/2012 directing the appellant/wife to join the respondent/husband to lead a marital life. The said judgment and decree attained finality. Since the appellant did not join the respondent pursuant to the said judgment and decree, the respondent filed M.C.No.58/2013 under Section 13(1A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of brevity) before the Senior Civil Judge at Chickballapur. Despite service of notice and the appellant engaging the services of a counsel, she did not contest the matter by filing statement of objections. In the circumstances, the trial Court considered the evidence of the respondent who examined himself as PW.1 and heard learned counsel for the respondent. The trial Court framed the following points for its consideration on considering the oral evidence of PW.1 and document Ex.P-1, being the copy of judgment passed in M.C.No.47/201:

(3.) We have heard learned counsel for the appellant.