SHAMALA Vs. C S RAJA ALIAS RAJU

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and decree dated 03.12.2010 passed in MC No.83/2010 on the file of the Principal Senior Civil Judge & JMFC K.G.F., wherein the respondent had filed an application under Section 9 of the Hindu Marriage Act, praying to direct the appellant to lead conjugal life with him. The said application has been allowed with a direction to the appellant and her child to join the respondent forthwith and extend the conjugal bliss. Aggrieved by this order, the wife/appellant has presenting this appeal.

(2.) FACTS of the case in hand are that, the appellant is the wife and the respondent is the husband and both are legally wedded as per Hindu Rites and Customs at Vasavi Kalyana Mantapa, N.R. Extension, Chintamani. They lived together happily at KGF and out of their wedlock a female child was born namely Sirisha, who is now in the custody of the respondent-father. It is the case of the respondent that the appellant used to pin-prick very often and finally she left his company and went and joined her parents without the knowledge and consent of the husband and his family members. The appellant has not co-operated with him in all aspects in the matrimonial house and never used offered conjugal bliss to him during her stay with him. He is ready and willing to take back the appellant along with child to the matrimonial house and hence he was constrained to issue notice to his wife to join and continue the matrimonial relationship. Inspite of it she has not come to lead the marital. Therefore, he filed a petition, which is registered in MC No. 83/2010 on the file of Principal Senior Civil Judge & JMFC, KGF. After service of notice the appellant has appeared through her counsel and filed objection, denying the averments made in the petition. The relationship of her with the respondent is admitted and she also admits out of their wedlock a female child was born to her. The marriage expenses were borne by her parents and in the marriage they gave gold ornaments and also cash to the respondent and the respondent and his parents are greedy persons, started all sorts of pin pricks and humiliated her and also ill- treated her and they have not provided proper food and cloth and un-necessarily use to pick up quarrel with her for silly reasons for no fault of her and the respondent and his parents have deliberately drove her out of the matrimonial house and thus she joined her parents and many times the respondent made attempts to kidnap her and the child from her parents' house and also he has threatened her by saying that he will murder her. Therefore, she was forced to file a criminal case against the respondent before Chintamani Town Police and she has also filed a case for maintenance in C. Misc. No.72/2010 on the file Prl. Civil Judge and JMFC, Chintamani and also filed Civil petition No.161/2010 before the Court of Karnataka to transfer this case to Chintamani Court. Further the appellant contended that the respondent has deliberately neglected to maintain her and has driven her out of the matrimonial house and in order to avoid payment of maintenance, the respondent has filed the petition. Therefore she prayed to dismiss the petition.

(3.) FOR the forgoing reasons the appeal is allowed in part, the impugned judgment and decree passed by the Court below on 03.12.2010 in MC No. 83/2010 is hereby set aside and the matter is remanded back to the Court below to pass an appropriate order in accordance with law, after hearing both the parties and proceed further from the date of cross-examination, after giving opportunity to the appellant and dispose of the same as expeditiously as possible in any event within a period of six months from the date of appearance of the appellant and respondent before the Court below. Both the appellant and respondent are directed to appear before the Principal Civil Judge and JMFC, KGF on 18.06.2012, at 11.00 a.m. and collect necessary dates for further hearing.