SMT. SUDHA Vs. B.T. RUDRESH

JUDGEMENT

(1.) THIS appeal is preferred by the wife challenging the order passed by the Senior Civil Judge, granting a decree for restitution of conjugal rights.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original petition before the trial Court.

(3.) AFTER service of notice, the respondent entered appearance, filed her statement of objections contesting the claim. It is her specific case that the petitioner has married one Smt. Savitha, daughter of Chandrappa and Narasamma of Danawadi village, Bhadravathi taluk. He married her in Sri. Giri Ranganatha Swamy temple of Danawadi village. He forced her to give him divorce, so that he can bring a second wife. As she did not agree, she was assaulted and she was thrown out of the house. As he threatened her that if any Police complaint is lodged he would pour kerosene and kill her, she had not lodged a Police complaint. However subsequently on 14 -03 -2003, a criminal case has been filed in Crime No. 35/2003. Subsequently, charge sheet was filed and a case was registered in Case No. 395/2006. Now, the petitioner is living with his second wife at Holebyranahalli. It is under these circumstances, she was constrained to leave his company and live with her parents.