SANDHYA T. Vs. K.N. SRIDHAR

JUDGEMENT

(1.) This miscellaneous first appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed assailing the judgment and decree dtd. 17/6/2013 passed by the III Addl. Prl. Judge, Family Court, Bengaluru, wherein the petition filed by the respondent-husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act'), has been allowed and the marriage between the appellant and the respondent that was solemnized on 20/11/2005 was dissolved by a decree of divorce.

(2.) Heard the learned Counsel appearing for the parties and also perused the material available on record.

(3.) Brief facts of the case leading to the filing of this appeal are, the marriage of the appellant with the respondent was solemnized on 20/11/2005 as per the Hindu rites and customs. From the wedlock, the couple have a son who was born on 4/10/2006. The relationship between the couple got strained subsequently and the appellant allegedly left the matrimonial home with the child and inspite of the respondent's efforts to bring her back, she had not joined the company of the respondent. The respondent had therefore filed a petition for restitution of conjugal rights and in the said proceedings, the appellant had appeared before the court and expressed her unwillingness to join the respondent, and therefore, the said petition was withdrawn by the respondent, and thereafter, the respondent filed the petition under Sec. 13(1)(ia) of the Act for dissolution of their marriage.