GANGAIAH Vs. JAYALAKSHMAMMA

JUDGEMENT

(1.) This appeal is filed by the appellant/husband against the impugned judgment and decree dtd. 13/03/2018 in M.C.No.3052/2014 on the file of the Principal Judge, Family Court, Bengaluru, dismissing the petition filed by the appellant/husband, under the provisions of Sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for short) for restitution of conjugal rights.

(2.) The appellant/husband (hereinafter referred to as "husband" and respondent/wife would be referred to as "wife" for the sake of brevity).

(3.) It is the case of the husband that their marriage was solemnized on 13/05/2007 at Bengaluru, as per the Hindu rites and customs. It is contended that out of the said wedlock, a male child by name Master Kiran Kumar was born, who was in the care and custody of the husband till May 2014. Thereafter, the wife took the child forcibly in the last week of May 2014 and now the child is in the custody of the wife. It is further contended that it is the second marriage for both and that without sufficient cause, the wife has left the matrimonial home on 14/05/2013 and filed a criminal case in Cr.No.244/2013 for the offences punishable under Ss. 307, 498A and 506 of the Indian Penal Code, 1860 ("IPC") and after investigation, the police have filed 'B' report.