LAWS(KAR)-2015-12-30

RAMESH Vs. MAYA

Decided On December 03, 2015
RAMESH Appellant
V/S
MAYA Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant/husband against the judgment and decree passed by the Senior Civil Judge at Chikodi dated 27.11.2014 in MC No. 103/2013.

(2.) The appellant herein filed a petition before the trial Court seeking dissolution of his marriage with the respondent under Sec. 13(i -a) & (ib) of the Hindu Marriage Act on the ground of cruelty and also on the ground of desertion.

(3.) The brief facts pleaded by the appellant herein before the trial Court are that his marriage with the respondent took place on 20.12.2011 at Narasobawadi Temple according to their custom and it was also registered in the Sub -Registrar's Office at Chikodi. After marriage, the respondent came to the house of the appellant and lead marital life. As the appellant was serving in Military, he did not get leave. Therefore, he went back to attend to his job. Thereafter, however the parents of the appellant herein, were looking after the respondent with love and affection and also whenever the appellant was getting leave, he used to come to his native to lead marital life with the respondent. The respondent was not co -operating with the appellant. Even he had told to take her with him after getting quarters in his working place. Hence, he left her in his house along with his parents. It is also alleged in the petition that in his absence, the parents of the respondent used to come to his house and taking undue advantage of his absence, she has filed a complaint against him and his family members alleging that they were demanding dowry from her. The said complaint was given in Chikodi Police Station. Even though the appellant told the respondent to lead the life properly with him and even then, he made his efforts with the Panchas to take the respondent to his house to lead marital life, she was not ready and she filed a case seeking maintenance in Cril.Misc. 12/2013 in Miraj Court. Hence, he contended that because of these mental cruelty and also desertion by her, he sought the decree of dissolution of marriage with the respondent.