SHANTHAMMA Vs. D. RAMAKRISHNA

JUDGEMENT

(1.) This Miscellaneous First Appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed assailing the judgment and decree dtd. 5/8/2015 passed by the Prl. Judge, Family Court, Tumkur, in M.C.No.153/2013 (M.C.No.64/2006), wherein the petition filed by the respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955 (for short, 'the Act') has been allowed and the marriage between the parties that was solemnized on 4/7/1991 was dissolved by a decree of divorce.

(2.) Heard the learned Counsel for the parties and also perused the material available on record.

(3.) Facts leading to filing of this appeal briefly narrated are, the marriage of the appellant with the respondent was solemnized on 4/7/1991 at Agni Vamsha Kshatriya Hostel, Tumkur, as per the prevailing rites and customs in their community. From the wedlock, the couple have two children and after the marriage they allegedly lived together for about 12 years. Thereafter, the relationship between the parties was strained since the appellant herein was having illicit relationship with one STD Nagaraj. It is under these circumstances, the appellant had left the matrimonial home in the year 2003 and the said STD Nagaraj allegedly provided accommodation to her in a rented house at Tumkur and ever since then, she is living in the said house. It is under these circumstances, the respondent had filed a petition under Sec. 13 of the Act with a prayer to dissolve the marriage between the parties that was solemnized on 4/7/1991, by a decree of divorce.