LAWS(KAR)-2012-8-217

A.SAIKUMAR Vs. R.G.SHASHIKALA

Decided On August 25, 2012
A.Saikumar Appellant
V/S
R.G.Shashikala Respondents

JUDGEMENT

(1.) THE defendant in OS.No.1/2007, who is also respondent in MC.No.6/2007 on the file of Family Court, Bangalore has come up in these two appeals impugning the common judgment and decree dated 21.10.2009 which is passed in OS.No.1/2007, MC.No.6/2007 and Criminal Miscellaneous No.22/2007. All these three proceedings are initiated by Smt.R.G.Shashikala d/o Siddanagowda claiming herself to be the wife of A.Sai Kumar defendant/respondent in the aforesaid three proceedings.

(2.) BRIEF facts leading to these appeals are as under:

(3.) IN the said proceedings, after service of notice defendant entered appearance through Counsel and filed written statement in the original suit and statement of objections in the other two proceedings. Wherein, the first and foremost objection that he has taken is that he is not married to plaintiff-Smt. Shashikala. He denied the alleged marriage said to have taken place on 1.1.12004 or on any other dates. According to him, he is native of Pullampet village in Cuddapha District of Andra Pradesh. That on 1.1.2004 he was busy in participating the annual pooja of Saibaba. Therefore, the allegation of his marriage with plaintiff on aforesaid date is without basis. He also denied the relationship of husband and wife between himself and plaintiff. According to him, he met plaintiff-Smt. Shashikala for the first time in December 2005 in a social gathering at Mysore at the instance of his friends Devendrappa, Ravikumar and Prasanna. In the year 2006 March for the first time plaintiff visited him in Bangalore at his office. Subsequently, after few visits, expressed her desire to marry him. Since caste, educational qualification, age, food habits, family circumstances and social background of himself and plaintiff being different, he did not initially agree to marry her. However, plaintiff continued to meet him in his office during working hours, which prompted acquaintance to turn into friendship.