SHIVKUMAR S O SHIVANNA Vs. PREVATHI

JUDGEMENT

(1.) THE Appel lant husband, unsuccessful in securing order for dissolution of his marriage with the respondent has preferred this appeal under section 28 of the Hindu Marriage Act, 1955 (for short the Act) calling in question the order dated 28-2-2003 passed in M. C. No. 1 of 1995 on the file of the Civil Judge (Sr. Dn.) J. M. F. C. , Bhadrvathi.

(2.) SHIVKUMAR the Appellant and premavathi the Respondent were married sometime in the year 1981 at Yarehalli village according to Hindu rites and customs. One son is born out of- the wedlock. The appellant alleged that the respondent had developed an illicit intimacy with one thimme Gowda, on the say of the persons in the locality. The appellant having curtailed the movements of the respondent, she left the matrimonial home and lodged as false complaint with the Police, who after investigation filed a B report. The challenge to the B report resulted in the Magistrate taking cognizance of the case under Section 307, IPC r/w S. 4 of Dowryprohibition Act and on trial ended in an acquittal on 5-12-1988. The: respondent filed an application under Si 1. 25, Cr. P. C. in which the Appellant gave his consent to pay a sum of Rs. 300/- towards monthly maintenance of the appellant and Child Mallikarjuna. The appellant als. oi alleged that the respondent was living in the house of one G. N. Ganganna as his kept mistress. Since 1983 the respondent was not willing to lead a married life with the Appellant, the petitioner (in) MC 1 of 1993 under Section 13 of the Act for dissolution of marriage by a decree of divorce was sought for by the appellant.

(3.) THE respondent wife, though served with notice did not appear before Court or making arrangements for being represented and therefore the Prl. Civil Judge and C. J. M. Shimoga placed the respondent ex parte and allowed the petition granting the decree of divorce by Order dated 21-2-1994 being aggrieved of the said order, the respondent filed MFA 2510 of 1994 before this Court and a Coordinate Bench of this Court, allowed the appeal set aside the order dated 21-2-1994 by a Judgment dated 2-12-1994, and remitted the matter to the Civil Judge, bhadravathi for fresh disposal is accordance with law.