K S LALITHAMMA Vs. N S HIRIYANNAIAH

JUDGEMENT

(1.) This appeal by the wife is directed against the judgment and order, dated 28-7-1978, passed by the Principal Civil Judge, Bangalore City, in M.C.No.14/1977, on his file, decreeing the petition of the husband for dissolution of marriage from the respondent and granting a decree of divorce.

(2.) The husband N.S. Hirianniah, instituted the petition for divorce under Sections 13 and 13(1A) of the Hindu Marriage Act on 31-1-977 before the Principal Civil Judge, Bangalore City. He averred that the respondent was married to him on 27-2-1967, at Bangalore according to the recognised rites prevalent among Hindus. After the marriage the respondent stayed with him for a period of 2 months and thereafter left his house and was staying thereafter with her brother. The respondent filed M.C. 37/1972 on the file of the Principal Civil Judge, Bangalore City under S. 9 of the Hindu Marriage Act seeking restitution of conjugal rights and the said petition was allowed on 28-6-1975.

(3.) The husband further averred that the decree did not bring about any reconciliation between the parties as the parties were radically incompatible in their temperaments. They could not live together in harmony. He further submitted that there was no resumption of co-habitation between the parties even after the passing of the decree for restitution of conjugal rights on 26-8-1975. Hence under Section 13(1A) of the Hindu Marriage Act, he instituted the petition for divorce.