K.P. MAITHRI Vs. R.B. MURALI

JUDGEMENT

(1.) This miscellaneous first appeal under Sec. 19(1) of the Family Courts Act, 1984, is filed assailing the judgment and decree dtd. 7/4/2015 passed by the III Addl. Prl. Judge, Family Court, Bengaluru, in M.C.No.543/2010.

(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 22/1/2007. From the wedlock, the couple have a son who was born on 3/6/2009. It is the case of the respondent that the appellant was not happy with the marriage, and therefore, she was picking up quarrels for silly reasons and she used to abuse him in filthy language. The appellant allegedly also assaulted the respondent on certain occasions and with a fond hope that she will mend her ways, the respondent had tolerated the ill- treatment meted out on him by the appellant. It is his further case that the appellant left the matrimonial home voluntarily on 20/2/2007 and started living with her parents and the efforts made by the respondent to bring her back were in vain. However, after the respondent made arrangements for a separate rented house, the appellant joined him in the said house and during their stay in the rented house, the appellant conceived and she had gone to her parents house for delivery. After the birth of the male child on 3/6/2009, the appellant has refused to join the respondent in the matrimonial home and the efforts made by the respondent in this regard had failed, and therefore, he had filed a petition under Sec. 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 (for short, 'the Act') before the Family Court, Bengaluru, with a prayer for dissolution of marriage by a decree of divorce.