ASHOK S/O CHIDANAND PATTAR Vs. MEENAXI @ SUMA

JUDGEMENT

(1.) THIS appeal by the appellant-husband is directed against the order dated 14.10.2009 passed in M.C.No.16/1998 on the file of the I Additional Civil Judge (Sr.Dn) Hubli, dismissing the petition filed by him under section 13(1)(b) of Hindu Marriage Act.

(2.) THE undisputed facts of the case are: the marriage of the appellant-husband with respondent- wife was performed on 15.6.1994 in accordance with Hindu customs and usage and a son was born to them. THE respondent-wife led marital life cordially only for a period of one month and thereafter, she was demanding to have a separate house at Hubli. When appellant-husband has denied for such separate residence, she went to her parents house at Bijapur for delivery and after delivery, when he went to see the child, his wife and her parents have not allowed him to see the child. THEreafter, he sent his father and elders to call her and then also, she had not come to his house. On the contrary, she filed a complaint before the JMFC Court, Bijapur against his father, grandmother and brother in the year 1997 which has ended in an acquittal. It is the further case of the appellant-husband that, from the beginning she is giving physical and mental harassment to him and thereafter, she withdrawn his company on 21.1.1995 and since then she is residing with her parents and not led matrimonial life and inspite of issue of notices, she has not turned up. THErefore, he prayed to allow the said petition.

(3.) WE have heard the learned counsel for appellant and perused the grounds urged in the memorandum of appeal and also the impugned order passed by the Trial Court.