CHINNI SUDESHNA Vs. S. NAGARAJ

JUDGEMENT

(1.) THIS appeal is filed calling in question the judgment and decree dated 11.1.2010, in M.C. No. 418/2003, on the file of the III Addl. Family Court, Bengaluru, allowing the petition filed by the respondent under Section 13 of the Hindu Marriage Act.

(2.) BRIEFLY stated the facts of the case are, respondent filed the instant petition seeking divorce on the ground of harassment and cruelty by appellant -wife. By the impugned order, learned Family Court has allowed the petition dissolving the marriage between the appellant and the respondent solemnized on 25.3.1981 at Bengaluru.

(3.) LEARNED Counsel for the appellant contended that the impugned order is virtually an ex -parte order because, the Family Court did not have the benefit of appreciating the cross -examination of the respondent -petitioner. Adverting to the order sheet of the Family Court, particularly of 7.1.2010, he submitted that the appellant was working as an Assistant Manager in Vysya Bank at Mysuru at the material point of time and could not attend the hearing on the said date as it was difficult for her to get leave of absence from her duty. He further submitted that she was not in a position to attend on some other dates of hearing also for the same reason.