LATHA Vs. N.C. THIPPESWAMY

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed under Sec. 28(1) of the Family Courts Act, 1984 assailing the judgment and decree dtd. 19/8/2015 passed in M.C.No.20/2010 wherein the petition filed by respondent - husband under Sec. 13(1) (i-a)& (i-b) of the Hindu Marriage Act , 1955 (hereinafter referred to as the "Act of 1955" for short) was allowed and the marriage between the parties that was solemnized on 28/2/1994 dissolved by a decree of divorce.

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

(3.) Brief facts of the case leading to filing of this appeal are, the marriage of the appellant with the respondent was solemnized on 28/2/1994 in Gurubhavana of Jagaluru Town, Davanagere District. From the said wedlock, the couple have two daughters namely Sneha and Neha, who are now aged about 26 and 22 years respectively. The couple lived together as husband and wife for about 9 years and thereafter, they started quarreling with each other and their relationship got strained. Ultimately, on 18/1/2005, the appellant along with her minor children left the company of the respondent and started residing in her parents house. She had filed petition under Sec. 125 of Cr.P.C., claiming maintenance from the respondent and in the said proceedings, the appellant was awarded maintenance of Rs.4,500.00 per month for herself and her two children. Since the appellant had refused to join the company of the respondent, he had filed M.C.No.20/2010 before I Additional Senior Civil Judge, Davanagere (hereinafter referred to as the "Trial Court") under Sec. 13(1) (i-a)(i-b) of the Act of 1955 for dissolution of marriage with the appellant. Before the Trial Court, the appellant had entered appearance and filed her statement of objections denying the allegations made against her. The learned Judge vide the impugned judgment and decree had allowed the petition and dissolved the marriage between the parties. Being aggrieved by the same, the appellant-wife is before this Court.