SUSHMA S. Vs. HARISH HOSDURG

JUDGEMENT

(1.) Appellant is the wife aggrieved by the judgment and decree of divorce granted by the Family Court at Dakshina Kannada, Mangalore, in M.C. No. 175/2013 in the proceedings under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 ( 'the Act ' for brevity).

(2.) Briefly stated, the respondent/husband filed a petition for divorce on the contention that, the parties are married as per Hindu rites and customs on 10.6.2011 at Mangalore. He is a B.E. Mechanical Engineer and also a Marine Engineer working in a private Ship for the last eight years. The wife was studying M.B.A. in London at the time of their marriage. She came over to Mangalore two days prior to the marriage and returned on 22.6.2011, assuring to return soon. Thereafter she disconnected all her contacts with him. She did not receive his calls and did not call him back. While leaving matrimonial home on 21.6.2011, she collected all her belongings and valuables. Her mother assured to get her daughter soon, but that is not materialized. She has deserted him having no intention to continue the marriage. Marriage is not consummated on account of her. Before leaving him, on her request, he transferred Rs. 80,000/ - to her Bank account.

(3.) On service of notice, it is not the wife, but her mother, who engaged a Counsel to represent her. Despite direction by the Court, the wife did not appear. Several adjournments were taken by the Counsel engaged by the mother on the representation that the wife intends to return to India but she never appeared nor did she file counter to the petition. In the meantime, her Counsel on record was also changed. Through post, she addressed a letter to the court expressing her objection for the divorce. After recording the evidence, the learned Family Court Judge allowed the petition on both counts i.e., 13(1)(ia) and (ib) of the Act.