C.C. BASAVARAJ Vs. GOWRAMMA

JUDGEMENT

(1.) THIS appeal by the appellant -husband is directed against the Order dated 01/03/2013 passed in M.C. No. 26/2013, by the Judge, Family Court, Davanagere, dismissing the petition filed by him U/s 13(i)(b) of Hindu Marriage Act. The appellant in this appeal had filed a petition before the Family Court, Davanagere, under Sections 13(1)(1a) and (1b) of the Hindu Marriage Act, against respondent -wife, seeking a decree of divorce on the ground of cruelty and desertion. When the said matter had come up for consideration before the Family Court on 1.3.2013, the Family Court has dismissed the petition filed under Section 13(1)(b), on the ground that, wife has stated that she want to live with her husband and she was ready to go with her husband. But the husband was not ready to take back her and there is no desertion as pleaded by the husband and the ground urged by the husband under Section 13(1)(b) of Hindu Marriage Act is not available to him and adjourned the matter. Being aggrieved by the said order, the husband has presented this appeal.

(2.) WE have heard he learned counsel appearing for appellant and learned counsel appearing for respondent.