NANDAPRAYAG Vs. S. GEETHA

JUDGEMENT

(1.) These appeals are filed by the husband challenging the judgment and decree dtd. 7/9/2011 passed by the Principal Judge, Family Court, Bengaluru, in M.C. No. 1993/2006 c/w M.C. No. 30/2008.

(2.) The parties are referred to by the rank assigned to them before the Family Court.

(3.) Brief facts of the case relevant for the purpose of disposal of these appeals are, the marriage of the petitioner-wife with the respondent-husband was solemnized on 2/10/2003 as per the Hindu customs and rites. For a short period after the marriage, the couple lived together as husband and wife, and thereafter, difference of opinion cropped up between them and they started to quarrel on petty issues. The petitioner had gone to her parents house on 13/6/2004 during Ashadamasa and at that point of time, she was pregnant. It is the case of the petitioner that her husband and his parents did not thereafter bother to inquire about her health nor did they visit her. On 26/2/2005, she gave birth to a male child who was named Danush. It is the further case of the petitioner that the respondent did not come to see the petitioner and the newly born child, nor did he take her back to the matrimonial house. It is her further case that though efforts were made by her and her parents to settle the difference of opinion between the parties, the respondent did not co-operate. It is under these circumstances, the petitioner-wife had filed the petition under Sec. 9 of the Hindu Marriage Act, 1955 (for short, 'the Act') for restitution of conjugal rights, which was numbered as M.C. No. 1993/2006.