CHAITRA Vs. SRI RAJASHEKAR

JUDGEMENT

(1.) THE legality and correctness of the decree of divorce granted by the Senior Civil Judge and JMFC, Gubbi in M.C. No. 19/2009 on 21.02.2011 is called in question in this appeal. The marriage between the appellant and the respondent was solemnized on 25.05.2008 at Pathiyappanapalya, in Gubbi Taluk. After the marriage, they lived at Pathiyappanapalya, in Gubbi Taluk, only for a week.

(2.) IT is the case of the respondent -husband, there was no co -habitation between the appellant and him and they have no issues out of the marriage and that the appellant was not at all interested in consummation of marriage and she was always torturing him. It is also his case that it was the desire of the appellant and her parents to live with them as illatum son -in -law; and that the appellant has filed a petition under Section 125 Cr.P.C. in C. Misc. No. 78/2009 before the JMFC, Tiputur. Therefore, he filed a petition to grant a decree of divorce on the ground of desertion. The matter was not contested by the appellant. The Trial Court after considering the evidence let in by the respondent has granted a decree of divorce. Therefore, the present appeal is filed.

(3.) IN the circumstances, only on this short ground, the appeal is required to be allowed and the judgment of the Trial Court has to be set aside. In the result, the appeal is allowed. The petition filed by the respondent -husband for grant of divorce on the ground of desertion in M.C. No. 19/2009 on the file of the Senior Civil Judge and JMFC, Gubbi, is dismissed as not maintainable, as the parties did not live separately for a minimum period of two years from the date of institution of the petition. It is open for the respondent to file a fresh petition on any other grounds available to him, in accordance with law.