ASHOK Vs. SHAMALA

JUDGEMENT

(1.) The appellant-husband has filed this appeal under Sec. 28 of the Hindu Marriage Act, 1955, challenging the order and decree dated 26.9.2014 passed by the Addl. Senior Civil Judge, Gadag, sitting at Laxmeshwar (hereinafter referred to as the 'Court below', for short), in M.CNo. 26/2011, dismissing the petition filed under Sec. 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act', for short), seeking dissolution of marriage with the respondent-wife.

(2.) The present appellant-husband was the petitioner in the Court below, who had filed a petition under Sec. 13(1) of the Act, seeking a decree of divorce by dissolving his marriage said to have been performed with the respondent on 7.1998. In his memorandum of appeal, the appellant - husband has taken a contention that the Court below erred in disbelieving the evidence of PW1 to PW4, who had supported the case of the petitioner. It also erred in arriving at a conclusion that there was no sufficient evidence on record to hold that the respondent had deserted him. The appellant has further stated that the finding of the Court below that the respondent had an intention to lead marital life and it was the appellant who had driven her out of her matrimonial home was also unfounded one. With this, he has prayed for setting aside the order and decree under appeal.

(3.) On notice being issued, respondent - wife has appeared through her Counsel Mr. Sachin S. Magadum. The records of Court below were called for and the same are placed before us.