B. KRISHNAMURTHY Vs. SMT BHARATHI @ BHOJAMMA

JUDGEMENT

(1.) THE unsuccessful husband has filed this appeal being aggrieved by the dismissal of his petition u/s. 9 of Hindu Marriage Act, by the Addl. Civil Judge, (Sr. Dn.), Sagar dt. 20.4.2011 in M.C. No. 26/2009. Heard the counsel for the parties.

(2.) THE admitted facts are that the marriage between the parties was solemnized at Ripponpete Gowdasaraswatha Kalyana Mantapa on 22.6.1997. Thereafter the parties lived at Bangalore happily for six months and thereafter difference between the husband and wife arose, as a result of which they were living separately. On the ground that the respondent -wife is living separately without any cause and that the appellant is willing to live with the respondent he filed the petition u/s. 9 of the Hindu Marriage Act.

(3.) IN order to prove their respective contentions, on behalf of the appellant, the appellant got himself examined as P.W. 1. He relied upon Ex. P1 to Ex. P5. On behalf of the respondent, she herself examined as RW1 and relied upon Ex. R1 to R17. The Trial Court after appreciating the evidence came to the conclusion that the appellant has not made out any case to grant a decree of restitution of conjugal right. Accordingly, the petition came to be rejected. Challenging the same, the present appeal is filed.