DHARMENDRA S.N. Vs. CHAYA KUMARI B.D

JUDGEMENT

(1.) This Miscellaneous First Appeal under Sec. 28(1) of the Hindu Marriage Act, 1955 (for short, 'the Act') is filed assailing the judgment and decree dtd. 11/9/2019 passed by the Prl. Senior Civil Judge, Bangalore Rural District, Bangalore, in M.C.No.85/2018, wherein the petition filed by the appellant-husband under Ss. 12(1)(a) and 13 (i(ia) of the Act for dissolution of his marriage with the respondent was dismissed.

(2.) Heard the learned Counsel for the appellant. The respondent though served in the matter has remained absent.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this appeal are, the marriage between the appellant and the respondent was solemnized on 18/5/2017 at Bellur as per the prevailing rites and customs in the community. The parties stayed together as husband and wife only for a short period, and thereafter, their relationship got strained, and therefore, the respondent had left the company of the appellant and started residing separately. It is the specific case of the appellant that the marriage between the parties was not consummated, as the respondent had refused for consummation of the marriage. It is under these circumstances, the appellant had got issued a legal notice to the respondent calling upon her to file a joint petition for divorce. Inspite of receipt of the said notice, she had not replied to the same, nor had joined the company of the appellant. It is under these circumstances, the appellant had filed M.C.No.85/2018 before the Trial Court with a prayer to dissolve the marriage between the parties.