K. UDHAYABANU Vs. G.S. HEMALATHA

JUDGEMENT

(1.) THE judgment and decree dated 10th April 2014 in M.C. No. 371/2013 passed by the Principal Judge, Family Court, Bangalore, is under challenge in this appeal.

(2.) THE appellant is the aggrieved husband, whose petition filed under Section 13(1)(r) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for brevity) has been dismissed by the court below.

(3.) THE wife was placed ex parte since she refused to receive the court notice. After recording the evidence of the husband and giving audience to the Counsel, learned Judge dismissed the petition on the ground that the certified copy of the order sheet of the Execution Petition No. 124/2012 was still pending and the parallel proceedings was unnecessary and no ground under Section 13(1)(i) of the Act was made out by the husband. There is further remedy under the Hindu Marriage Act where the order for conjugal right is not obeyed, however, without invoking the said provision, the petition is filed on the said ground.