SHARANYA Vs. JAYAPRAKASH RAO B.

JUDGEMENT

(1.) These two miscellaneous first appeals filed under Sec. 19(1) of the Family Courts Act, 1984, arise from the judgment and decree dtd. 1/7/2015 passed by the Family Court, D.K., Mangaluru, in M.C.No.163/2011, and therefore, they are heard together and disposed of by this common judgment.

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

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of these appeals are, the marriage of the appellant-wife with the respondent-husband was solemnized on 9/1/2003 at Bhikshu Laxmanananda Hall, Morgansgate, Jeppu, Mangaluru, as per the rites and customs prevailing in their community. From the said wedlock, they have two children viz., Rishab and Rithvik. The couple had stayed together for about six years after their marriage, and thereafter, they developed serious misunderstanding between themselves, and therefore, their relationship got strained and ultimately in the month of December 2009, the appellant-wife along with her two minor sons had left the company of the respondent-husband and she took shelter in her parents house at Mangaluru. It is the case of the respondent- husband that the efforts made by him to bring her back along with the children had failed, and therefore, he had got issued a legal notice dtd. 7/5/2010 asking the appellant to join him along with the children. However, the appellant instead of complying with the demand, had got issued a frivolous reply making baseless allegations against the respondent and did not show any intention to join her husband. It is under these circumstances, the respondent had filed M.C.No.163/2011 under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the appellant.