KANTHARAJU B.G. Vs. VEENA N.

JUDGEMENT

(1.) The instant appeal is filed under Sec. 19(1) of the Family Courts Act, 1984, challenging the judgment and decree passed in M.C.No.378/2014 on the file of Principal Judge, Family Court at Mysuru. In terms of the impugned judgment and decree dtd. 7/1/2017, the Family Court has dismissed the petition filed by the husband seeking dissolution of marriage on the ground of desertion.

(2.) For the sake of convenience, the parties to the proceedings are referred to as the 'husband' and the 'wife'.

(3.) Brief facts necessary for adjudication of the case can be summarized as under: The marriage of the parties was solemnized on 4/4/2002 at Nithyananda Kalyana Mantapa, Vidyaranyapuram, Mysuru. Admittedly, there are two children from the marriage. The first child was born in the year 2003 and the second child was born in the year 2006. It is stated by the petitioner that the marital life was pleasant initially and later the dispute started between the parties. It is further averred that on 22/8/2007, the parents and brothers of the wife who visited the house of the husband raised a quarrel without there being any cause and the wife went away with her parents to the maternal home and took the gold ornaments and cash of Rs.4.00 Lakhs belonging to the husband. It is further stated that after 2007, the wife did not return to the house of the husband. In the year 2014, the husband issued a notice to the wife calling upon the wife to join his company. It is further averred that the wife issued a reply notice making false allegations against the husband and thereafter, the husband has issued a rejoinder to the reply notice and the husband was constrained to file a petition seeking dissolution of marriage on the premise that the wife has deserted the company of the husband and has sought dissolution of marriage on the ground of desertion.