RAVIKIRAN L. SHIRALI Vs. S. LAKSHMI

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against judgment and decree dtd. 18/11/2016 passed by the Family Court by which the petition filed by the appellant / husband under Sec. 13(1A)(i) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the parties got married as per the Hindu rites and customs on 13/12/1999 at Malleshwaram, Bengaluru. Out of the wedlock, two sons (twins) have been born. The appellant filed a petition under Sec. 13(1A)(i) of the Act namely M.C.No.1409/2001 before the Family Court, Bengaluru which was dismissed on 29/10/2005. The appellant challenged the aforesaid order in MFA No.11547/2005 which was disposed of by a Division Bench of this Court by an order dtd. 9/9/2009 on the basis of compromise arrived at between the parties. The terms and conditions arrived at between the parties read as under:

(3.) Thereafter, the appellant filed a petition on 7/1/2014 seeking dissolution of marriage on the ground that there is no resumption of cohabitation between the parties for a period of one year after the passing of a decree for judicial separation. The respondent entered appearance and filed objections. The Family Court, however, vide judgment dtd. 18/11/2016 inter alia held that the evidence on record clearly shows that there has been no resumption of cohabitation between the parties for a period of one year from the date of passing of a decree for judicial separation. However, it was held that the appellant is not entitled to claim the decree as he has failed to perform his duty of making efforts for cohabitation. In the aforesaid factual background, this appeal has been filed.