C LALITHA Vs. RAMESH

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed by the husband under Section 19(1) of Family Court Act read with Section 28(1) of the Hindu Marriage Act,1955 challenging the judgment dated 02.01.2013 passed in M.C.No.2679/2010 by the III Additional Principal Judge, Family Court, Bengaluru, allowing the petition filed under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955 seeking for dissolution of his marriage solemnized on 05.06.2002 at Balaji Kalyana Mantapa, Mysore Road, Bengaluru.

(2.) For the purpose of convenience, the parties are referred as per their rank before the Court below.

(3.) The brief facts are that after the marriage of the petitioner-husband and respondent-wife was solemnized on 05.06.2002, the respondent joined the matrimonial home and they were living toge ther. It is contended in the original M.C. petition that the respondent-wife used to quarrel with the petitioner and his parents for silly reasons and spoiled the family atmosphere and she was not discharging the duties as dutiful wife. The respondent used to behave as if she was stranger to the petitioner and used to visit her parents house without informing him and his parents and that she was also not co-operating for cohabitation. Ultimately, she left the matrimonial home on 02.04.2008 without informing him and his parents and thereafter did not return to the matrimonial home. Inspite of his request, convening of panchayath and issuance of legal notice, the respondent refused to join the petitioner. Hence, he was constrained to file the petition for divorce.