P.S.UDAY BHAT Vs. STATE

JUDGEMENT

(1.) The appellants have preferred this appeal aggrieved by the order passed in M.C.No.3851/2014 dated 13.4.2015 by the IV Additional Principal Judge, Family Court, Bangalore, in rejecting the petition filed by the appellants herein under Section 13B of the Hindu Marriage Act, 1955 ('the Act' for brevity).

(2.) Facts in brief:

(3.) Sri.H.V.Nagaraja Rao, learned Counsel appearing for the appellants submits that, the Family Court without affording an opportunity to the appellants to adduce their evidence and without ascertaining the facts has dismissed the petition at a stroke only on the basis of the office note. It was the case of the appellants that though they were residing under the same roof for last three years, they had not co-habited with each other and have not led marital life. The impugned order is passed without giving opportunity to them and that has resulted in great inconvenience and hardship to the appellants.