T. SUJATHA Vs. R.GOVINDARAJU

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955, has been filed against the judgment and decree dtd. 22/7/2017 passed in M.C.No.47/2011 by the Principal Senior Civil Judge & JMFC, Madhugiri, by which the petition filed by the respondent seeking dissolution of marriage on the ground of cruelty and desertion, was allowed.

(2.) Brief facts giving rise to filing of this appeal are that the marriage of the respondent and appellant was solemnized on 29/4/2001 at Kannikaparameshwari Temple, Madhugiri town. They led a happy marital life for a period of five years and out the wedlock two children are born. It is averred that the appellant used to quarrel with the respondent and his parents for no reason. The appellant also had an illicit relationship with Sri.Ramesha, later for which the panchayat was held and the appellant was advised to lead the married life with respondent, but the same went in vain. It is further averred that the appellant along with the children deserted the respondent in the year 2007. Consequently, respondent requested the appellant to join the matrimonial home by issuing the legal notice dtd. 18/8/2009. It is also averred that the respondent has filed the petition for restitution of conjugal rights in M.C No.57/2009, but he withdrew the same, the appellant has filed a suit in O.S No.101/2010 for seeking maintenance, the respondent has made efforts to bring back the appellant to matrimonial home, but all his efforts went in vain.

(3.) The appellant has entered appearance before the Family Court and filed the statement of objections. The appellant has admitted their relationship and birth of two children. It is averred that the respondent has agreed that he would reside with her parents, but the respondent refused to do so. It is further averred that the respondent refused to visit the appellant's parents and when the appellant questioned the same, the respondent used to abuse her. It also averred that the respondent has received a telephonic call from Smt.Manjula and when the appellant has enquired regarding the telephonic call, the respondent abruptly left the matrimonial home and on further enquiry the appellant came to know that the said call was made by Smt.Manjula and the respondent is having illicit relationship with her. It is averred that the respondent is working as a Police Constable and the appellant is a Teacher. The appellant has made a request to the respondent to make arrangement for transfer to one place, however, the respondent refused to do so. The respondent intentionally withdrew the petition filed for restitution of conjugal rights, as the appellant filed objections stating that she is ready and willing to lead marital life with the respondent.