S MANJULADEVI Vs. S BALAKRISHNA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 18.08.2010 passed in MC.No.2856/2006 on the file of the Principal Judge, Family Court, Bangalore, wherein the petition filed by the appellant herein under Section 9 of the Hindu Marriage Act, 1955, seeking decree of restitution of conjugal rights against the respondent has been dismissed. Hence, the appellant felt necessitated to present the instant appeal.

(2.) THE brief facts of the case are as under:

(3.) ON service of notice to the respondent, he appeared through counsel and filed statement of objections denying the averments made in the petition. Further he categorically denied that himself and appellant lived together and lead marital life either at Tumkur or at Bangalore or that both of them frequently visited Mysore for honey moon or visited their in-laws house. Further, he stated that he married one Sowmyashree on 27.11.2002 being an arranged marriage at Sri Krishna Kalyana Mantapa, Tumkur and since then he has been living with his wife at Tumkur and out of the wed-lock, they have a daughter born on 27.9.2003. He also stated that the appellant with an oblique motive filed a false complaint with Gnana Bharathi Police Station against the respondent and that he has obtained anticipatory bail in respect of said complaint in Crime No.256/2006 and he also obtained a regular bail in connection with the said complaint in CC.No.11456/2007 pending on the file of III ACMM, Bangalore. It is further specifically contended by him that appellant is a total stranger to him and he had never married her, therefore, the petition filed by the appellant under Section 9 of the Hindu Marriage Act is misconceived and liable to be dismissed as not maintainable.