G SIDDAGANGAPPA Vs. R SHAILAJA

JUDGEMENT

(1.) THIS appeal is filed by the husband who has lost before the Court of the Prl. Judge, Family Court, Bangalore (for short the Family Court) by a dismissal of his petition seeking the relief of dissolution of the marriage solemnized between the parties on 15-5-1980.

(2.) THE appellant filed M. C. No. 317/ 1991 under Section 13 (1) (i-a) of the Hindu marriage Act 1955 (for short the Act) seeking dissolution of marriage and grant of divorce on the ground of cruelty said to have been meted out to him by his wife. In support of his case, the husband enumerated an instance and incident against the wife, branded her as an unchaste woman, keeping illicit relationship with one Mahadeva. The appellant had made known of this incdent to his in-laws, who, it is alleged, advised his wife, who in turn repented for the same and agreed to mend her ways. It is also alleged that on 17-2-1991, the wife took her two children and left the matrimonial home, without any reason, and despite notice issued to her, she failed to return to the matrimonial home. The Respondent wife, on notice, by the Family Court entered appearance and resisted the petition denying all the material allegations set out in the petition except the factum of marriage and birth of the two sons from out of the wedlock. She contended in her written statement that it was the respondent who had driven her out of the house along with her two children, due to which she had to take refuge at her parents home. She also contended that she had on 26-8-1992 filed M. C. No. 63 of 1992 for restoration of conjugal rights.

(3.) IN the premise of the aforesaid pleadings of the parties, the Familycourt framed one issue which is extracted below :