B. GIRISH Vs. MAMATHA

JUDGEMENT

(1.) THIS is husband's appeal against the Judgment and order passed by the Family Court dismissing his petition for divorce on the ground of desertion.

(2.) FOR the sake of convenience, the parties are referred to as they are referred to in the petition before the Family Court.

(3.) SHE has also lodged a complaint before Shivamogga Mahila Police which is registered as CC No. 3219/2009. Due to the above said reasons, they do not have any issues out of their wedlock. After few days of marriage, the respondent informed the petitioner that she is having an affair before marriage with one Sri Madhu who was driver of the School van where she was working in Shivamogga. She has also admitted that she has physical contact with him to which the petitioner and the parents of the petitioner advised the respondent to forget all the past and told her to change her mind and to live with the petitioner peacefully. But, the respondent refused to do the same. The matter was referred thereafter to Vanitha Sahavaani, Police Commissioner's Office, Infantry Road, Bengaluru to bring a compromise. The respondent did not accept the advise of the counselor and she gave a statement that she has given complaint against the petitioner to the Police stating that she is not willing to marry the petitioner. The respondent's father is the brother of petitioner's mother so, they are close relatives. The petitioner's mother forced her to marry and she forcibly given consent to the marriage. She is still loving the school van driver and the mind and soul of the respondent cannot accept the petitioner as her husband. Therefore, she refused to have co -habitation with the petitioner.