SUSHEELA Vs. P. GURUMURTHY

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 10.06.2011 passed in M.C. No. 30/2005 on the file of Civil Judge (Sr. Dn.) and CJM, Bhadravathi, the respondent therein has preferred the above appeal seeking to set aside the same. For the sake of convenience the parties herein are referred to by their respective rank as arrayed before the Court below as appellant-respondent; respondent-petitioner.

(2.) The petitioner filed the said M.C. No. 30/2005 under Section 13 of Hindu Marriage Act seeking dissolution of his marriage with the respondent-appellant herein which was celebrated on 04.06.1998 at Kabli Thandya, Kadur Taluk as per the Hindu customs. It is further contended that after marriage, both of them started living together at Sriramanagar, Bhadra Colony Post, Bhadravathi and from the wed-lock they have a daughter aged about 7 years and a son aged about 5 years. It is further contended by the petitioner that after the birth of the second child after some time, the respondent-appellant failed to join the petitioner and as such he filed M.C. No. 3/2002 on the file of Senior Civil Judge & JMFC, Bhadravathi under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. Further, it is alleged that in the said M.C. No. 3/2002, the respondent-appellant inspite of service of notice remained absent, and as such the exparte order was passed allowing the said petition on 04.11.2002; despite the same, the appellant did not join him. It is farther contended by the petitioner that in order to get better income he left his parents and sister at Srirampura and started residing at Tarikere Taluk, M.C. Halli, during that period, the respondent-appellant was staying with his parents at Srirampura, though the petitioner called the respondent-appellant and her children to come and reside with him at M.C. Halli, she refused to join him etc. Further it is contended by the petitioner that thereafter, he shifted his residence from M.C. Halli to Bavikere Village and to the said place also, the appellant failed to join him. In the circumstances, the petitioner filed the above petition seeking dissolution of his marriage with the appellant.

(3.) In the statement of objections filed to the said petition, the respondent-appellant herein denied all the allegations made against her and has pleaded that the petitioner neglected to take care of her and also her children, he has not provided anything for them and even now she is willing to join him etc. and has sought dismissal of the petition.