B S MALATHI Vs. K S KANNAN

JUDGEMENT

(1.) THIS appeal by the appellant-wife is directed against the impugned judgment and decree dated 21/08/2010 passed in M.C.No.2578/2007 by the Principal Judge, Family Court, Bangalore, wherein, the petition filed by respondent-husband U/s. 13 (1)(ib) of the Hindu Marriage Act, for divorce has been allowed and the marriage between the appellant and respondent solemnized on 26.11.1978 has been dissolved with immediate effect by decree of divorce.

(2.) THE undisputed facts of the case are: the appellant and respondent are the legally wedded wife and husband, their marriage was solemnized on 26.11.1978 as per Hindu rites and custom and both of them lived together as wife and husband until August 1991. It is also not in dispute that, in the wedlock, they have a daughter by name Shushumna and a son by name Nachiketa, born respectively in the year 1981 and 1982. The husband has filed MC No.278/2007 for divorce contending that, there used to be frequent quarrels and mis-understanding between the wife and husband when they lived together for about 13 to 14 years and such differences and mis-understanding could not be resolved inspite of panchayaths and as such, wife has voluntarily left him without any threat or coercion on 4.8.1991 by giving a letter addressed to him to that effect and he was required to pay maintenance of Rs.800/- per month to her and her children as he had secured government job and on 5.8.1991, she took away all her belongings and also some of the house hold articles by preparing a list under her signature and went to live separately and since then they are living separately. Therefore, he has filed M.C. No. 664/1991 before the Trial Court seeking decree of divorce which came to be dismissed by judgment and decree dated 1.2.1999, against which, he has preferred an appeal before this Court in MFA No.2148/1999 which was dismissed for non prosecution. Further it is the case of the husband that, his wife has deserted him since 4.8.1991, their marriage has broken down irretrievably and there is no possibility of parties reconciling or living together and both parties have reached a stage of no return. The husband had urged the ground of desertion in MC 664/1991 also and the same was negatived by the Court, on the ground that, the said ground was not available to him as the divorce petition was filed within few months after his wife left his company. It is the further case of the husband that, now there is an act of desertion on the part of the wife for a continuous period of 16 years since 4.8.1991 and therefore, he is entitled to the decree of divorce on that ground. Hence, he prayed to allow the said petition.

(3.) TO substantiate their respective case, the husband has examined himself as PW1 and got marked one document as Ex.P1 and the wife has not let in any evidence.