M.D. ASHA Vs. SRI THIPPESHA ALIAS THIPPESWAMY

JUDGEMENT

(1.) THE appellant, who is the wife of the respondent is questioning the legality and correctness of the judgment and decree passed by the Prl. Civil Judge (Sr.Dn.) and CJM, Chitradurga, in M.C. No. 29/2012 dated 12.9.2012 whereunder, the marriage solemnized between the parties at Chitradurga on 13.1.2003 has been dissolved under Section 13(1a) and (1B) of the Hindu Marriage Act. Heard the learned counsel for the parties.

(2.) MARRIAGE between the parties solemnized on 13.1.2003 at Eswara Temple situated at Chandravalli, Chitradurga is not in dispute. Even according to the respondent -husband they lived together as husband and wife for two years and on 11.7.2005, the appellant was sent to her parents' house as she was carrying and in her family way.

(3.) THE only contention urged by the learned counsel for the appellant is that the decree granted by the Trial Court is an exparte decree and that for the reasons beyond her control she could not contest the matter. Alternatively, he contends that the Trial Court without considering the oral and documentary evidence produced by the respondent has erroneously granted a decree without application of mind. In the circumstances, he requests for setting aside the judgment and decree passed by the Trial Court and to remand the matter for fresh consideration in accordance with law.