B.R.HARISH KUMAR Vs. B.R.SHWETHA

JUDGEMENT

(1.) These two appeals are by the husband. While MFA.No.6640/2023 is filed seeking to set aside the judgment dtd. 31/8/2023 passed in MC.No.970/2022 preferred by the husband for decree of divorce, MFA.No.6996/2023 is filed seeking to set aside the judgment dtd. 31/8/2023 passed in MC.No.123/2022 filed by the wife for decree of restitution of conjugal rights.

(2.) The material facts, which are undisputed, disclose that the marriage between the appellanthusband and the respondentwife was solemnized on 14/5/2009. It is evident that soon after the marriage, differences arose between the parties, affecting their marital relationship. The respondent suffered a miscarriage during her first pregnancy. She was employed as a teacher at Jindal School, Bengaluru, from 2009 until 2015. In the interregnum, a female child was born to the parties in the year 2013. The respondent resigned from her employment in the year 2015. Further, the matrimonial discord escalated, culminating in a complaint lodged by the appellant before the Commissioner of Police, Bengaluru, on 22/8/2015, which was referred to Madanayakanahalli Police Station. Notwithstanding such intervention, the parties expressed their willingness to cohabit peacefully. However, the relationship remained strained, and in 2016, the parties lived separately for a period of about five months, after which the respondent rejoined the matrimonial home along with the minor child.

(3.) The differences persisted unresolved, and on 6/9/2020, the respondent lodged a complaint before Madanayakanahalli Police Station, which was registered as Non- Cognizable Report (for short, "NCR") and recorded the statement of the appellant, wherein the appellant indicated that the dispute would be resolved before the Family Court. Shortly thereafter, on 15/9/2020, the respondent along with her minor daughter left the matrimonial home by taking all her belongings and returned to her parental residence. Since then, the child has remained in the care and custody of the respondent.