NIRANJANA REDDY Vs. SUJATHAMMA

JUDGEMENT

(1.) This appeal has been filed under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) has been filed against judgment dtd. 13/6/2016, by which petition filed by the appellant under Sec. 13 of the Act seeking dissolution of marriage has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 29/4/2004 and a daughter was born to them in the year 2005.

(3.) The appellant filed a petition under Sec. 13 of the Act on 28/2/2008. In the petition, in para 3, it was inter alia stated that after the marriage, the appellant and respondent lived together for about 2 years and about 1 year back the respondent has left the matrimonial home and is residing in her parents house. In para 4, it was stated that the respondent despite advice given to her in panchayat, is living in her parents house without any reasonable cause. In para 5, it was pleaded that respondent has made unreasonable demands and has deserted the appellant and therefore, has put him to mental agony. It was also averred that conduct of the respondent in insisting the appellant to live separately from his parents amounts to cruelty. It was further pleaded that the appellant sent a notice to the respondent. However, she refused to join the matrimonial home. It was pleaded that respondent was aged about 28 years at the time of marriage and the age of the respondent was suppressed by her parents at the time of marriage. Accordingly, the decree for dissolution of marriage was sought.