VIJAYALAKSHMI Vs. VIJAY H PATIL

JUDGEMENT

(1.) THIS appeal is by the wife being aggrieved by the judgment and decree dated 8.9.2011 in MC.No.125/2011 on the file of Family Court, Davanagere, wherein the petition filed by the respondent herein under Section 13(1)(ia) of the Hindu Marriage Act seeking dissolution of marriage solemnised on 15.2.2009 and registered on 6.12.2010 on the ground of cruelty is allowed by granting decree of divorce and the petition filed under Section 13(1)(ib) of the Act on the ground of desertion is dismissed.

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

(3.) IN the said proceedings, summons were sent to appellant through RPAD, which was returned with a postal shara 'refused'. Hence, the court below held that notice is duly served on appellant. The appellant though was aware of the aforesaid proceedings remained absent and did not choose to contest the matter. Therefore, the court below treated her exparte.