SRI. UMASHANKAR Vs. SMT. DAKSHAYANI

JUDGEMENT

(1.) THE unsuccessful husband has filed this appeal questioning the dismissal of the petition filed by him under Section 9 of the Hindu Marriage Act, by the Family Court, Shivamogga dated 8th August 2012 in M.C. No. 83/2011. Heard the learned Counsel for the parties.

(2.) THE marriage was solemnized between the parties on 07.06.1987 at Sri. Veerashaiva Kalyana Mantapa, Shivamogga. After the marriage they were living together at Kadur in Chikkamagalur District. Later they shifted their family to Bangalore. In Bangalore, the appellant and his wife were living together in his brother's house. Since his wife could not adjust with his brother's family as she became pregnant she was sent for delivery. She gave birth. to his son. Six months after the delivery she returned to the matrimonial house and after one and half years later the respondent deserted the appellant, returned to Shimoga and she has been residing with her son in Shimoga.

(3.) TO prove their respective contentions, husband got himself examined as PW -1 and he relied upon Ex. P1 to P6. The wife got herself examined as RW -1 and she relied upon Ex. R1 to R4.