LAWS(KAR)-2014-2-137

R. MAHESH Vs. POORNIMA K.

Decided On February 05, 2014
Sri R. Mahesh Appellant
V/S
Smt. Poornima K. Respondents

JUDGEMENT

(1.) The marriage of the appellant with the respondent was solemnized on 19.11.1991 at Mysore as per their customs. For sometime thereafter, they led a happy marital life. According to the husband, the wife was highly possessive and never adjusted to the family atmosphere and lived with him only for 72 days in two different spells. She left the matrimonial home on 13.03.1992 and refused to return. He, having no other alternative, filed a divorce petition in M.C. No. 104/1992 seeking divorce on the ground of cruelty and desertion. Thereafter the matter was transferred to the Family Court at Mysore, wherein it was renumbered as M.C. No. 92/1998. On contest, the petition was dismissed.

(2.) In the interregnum, the wife had filed a petition seeking restitution of conjugal rights. That was also dismissed. She also filed a petition seeking maintenance which was allowed. After dismissal of the earlier petition seeking for divorce, the present petition in M.C. No. 124/2008 is filed seeking a decree of divorce. On contest, the Family Court by the impugned order dismissed the petition. Hence the present appeal.

(3.) Learned counsel for the appellant contends that the impugned order is bad in law and requests to set aside the said order. He has further contended that the Family Court has failed to consider the material on record and the evidence let in by the parties.