D PARTHASARATHY Vs. VINAYAPRABHA

JUDGEMENT

(1.) THE petitioner- husband, being aggrieved by the dismissal of his petition under Section 13 (1-A) (ii) and under Section 13 (l) (ia) of the hindu Marriage Act, 1955 (for short the 'act')by the Judgment and Decree dt. 9-10-2003 passed in M. C. No. 206/2001 on the file of the I Addl. Principal Judge, Family Court, bangalore (for short the 'family Court"), has preferred this appeal under Section 19 (1)of the Act.

(2.) THE relevant facts necessary for decision making, may be stated thus : The appellant is the husband of the respondent whose marriage was solemnized on 8-3-1992 at Bangalore in accordance with the Hindu rites and customs. There are no issues from out of the said wedlock. While the appellant sought for a decree of divorce by filing a petition under Section 13 (1) (ia) of the Act in m. C. No. 318/93, the wife filed M. C. No. 586/96 under Section 9 of the Act for restitution of conjugal rights. The Family Court clubbed the cases, held a common trial and by a common Judgment dt. 27-4-1999 dismissed the petition of the appellant for divorce and allowed the petition of the respondent directing restitution of conjugal rights. The appellant preferred two separate appeals in M. F. A. No. 3624 /99 and M. F. A. No. 3625/99 which came to be dismissed by a common Order dated 6-4-2000 of a co-ordinate Division Bench of this Court. During the pendency of M. C. 318/93 and before the filing of the petition for restitution of conjugal rights by the respondent, she lodged a complaint dt. 28-2-1994 of dowry harassment by the appellant which ended in an acquittal by a Judgment dt. 19-11-1999 of the Criminal Court.

(3.) THE appellant alleges that ever since the marriage in the year 1992, the parties were at loggerheads and the marriage was an unhappy alliance, the parties having approached the jurisdictional police for redressal of grievances. By the time, the appellant instituted divorce proceedings, the differences had reached a crescendo beyond reconciliation and the parties had parted company.