(1.) THIS Miscellaneous First Appeal is preferred by the appellant -husband being aggrieved by the order and also challenging the legality and correctness of the order of the Family Court, Bijapur on the grounds urged in the appeal memorandum.
(2.) THE brief facts of the case are that, appellant herein is the native of Dhomanala village, Bijapur taluk. He was appointed as a Primary School Teacher and joined service of HPS, Honna Nayakanahally, Chennapatna Taluk. He used to visit his village and Bijapur. He married the respondent as per the Hindu customs on 27.05.1992 at Bijapur. It is an arranged marriage. He was transferred to Lalaghata village in the same taluk. The respondent spent nine months with him at Lalaghata. She harassed him and not cooperated with him, without any reason. She left him on 17.03.1993, when she was seven months pregnant and started living with her parents. All his efforts to bring her back went in vain. She gave birth to a male child in the month of April 1993. He went to visit the child, but in vain. He was abused. A panchayat was also convened in December, 1993 to bring her back to lead matrimonial life with the petitioner, but in vain. In 2001, appellant was transferred to HPS Dhomanal, Bijapur district and he joined there in August 2001. He tried to convince her, but in vain. He suffered mental torture, loss of love and affection. Since 17.02.1993, the present appellant and the respondent lived apart, without co -habilitation and matrimonial life. Hence the appellant approached the Family Court at Bijapur by filing a petition under Section 13 of the Hindu Marriage Act for dissolution of the marriage with the respondent.
(3.) AFTER completion of the pleadings, oral evidence of the parties was recorded before the Family Court and the Family Court after considering the oral and documentary evidence placed in the matter, ultimately dismissed the petition holding that the petitioner -husband has failed to make out a case that he has pleaded in his petition.