SHWETHA Vs. N. SHASHI KIRAN

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family courts Act, 1984 has been filed against the judgment and decree dtd. 18/9/2016 passed by the Family Court by which petition filed by the respondent / husband under Sec. 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) has been allowed and the marriage between the parties has been dissolved by a decree of divorce.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was performed on 18/6/2010. Thereafter, the parties lived in their matrimonial home and on 9/6/2011, a son was born to the appellant.

(3.) The respondent / husband filed a petition on or about 29/10/2014 inter alia on the ground that the after five months of marriage, the appellant / wife left the matrimonial home and in para 5 to 8 of the petition, it was pleaded that the parties are living separately for a continuous period of three years immediately preceding the date of presentation of the petition. It was also pleaded that the respondent / husband sent a notice dtd. 2/9/2014 (Ex.P3) asking the appellant / wife to give consent for divorce. However, the appellant /wife did not respond to the aforesaid notice. Accordingly, a decree of dissolution was sought on the ground of desertion.