J. JYOTHI Vs. SHIVANNA

JUDGEMENT

(1.) This appeal by the appellant/wife is directed against the impugned judgment and decree dated 25/10/2013, passed in M.C. No. 2885/2008, by the I Additional Principal Judge, Family Court, Bengaluru, allowing the petition filed by the respondent/husband U/s. 9 of Hindu Marriage Act.

(2.) It is the case of the respondent/husband that, his marriage took place with appellant/wife as per Hindu customs and rituals on 15.9.2005 at Adichunchanagiri Sannidi, Bellur Hobli, Nagamangala Taluk. After the marriage, they lived for four days. She is staying at her parents house after four days of the marriage without any cause or excuse. He visited his wife at her parents house and requested to join him, however, parents and appellant refused to join him and whenever he visited her parents house, she used to reply that she require some time to come and join him and he was alone in Bangalore and the marriage did not fulfill his dreams of leading happy marital life and even her parents informed that they will bring her to his house, but they also failed to discharge their duties and obligations.

(3.) It is the further case of the husband that he wrote several letters to his wife, but she did not reply and neglected him and he was subjected to emotional and mental torture by the acts and behaviour of his wife and her parents and the counseling between them did not make any changes in the attitude of his wife. Due to the act of his wife, he could not concentrate on his work, he is leading his life with great difficulty and suffering from severe financial crisis due to the neglect and desertion of the wife and she is legally bound to stay with him and therefore, he has filed the petition under Sec. 9 of Hindu Marriage Act and prayed to allow the same.