NAGAMMA Vs. THAMMAIAH P R

JUDGEMENT

(1.) The appellant is the wife of the respondent. The respondent/husband filed M.C.No.3293/2009 on the file of the V Additional Principal Judge, Family Court, Bangalore, seeking decree for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 ('the Act' for short).

(2.) After about 4 or 5 years of the pendency of the matter before the Court below, it seems the contention was taken by the appellant herein/wife that the petition is not maintainable before the Family Court, Bangalore, inasmuch as Section 19 of the Act does not empower the respondent herein to file the divorce petition before the Family Court at Bangalore.

(3.) The reasons assigned by the Court below while concluding that the petition is not maintainable before the Family Court, Bangalore are just and proper. Hence, no exception can be found in respect of the said conclusion reached by the Trial Court. Such order of Family Court is not questioned by the respondent herein.