JAYASHREE Vs. SURESH S/O PANDURANG SUTAR

JUDGEMENT

(1.) The present appeal is filed by the appellant-wife against the judgment and decree dated 30.09.2011 made in M.C. No.18/2011 passed by the Senior Civil Judge, Khanapur under the provisions of Section 13(1) (a) and (b) of Hindu Marriage Act, dissolving the marriage solemnized between the parties on 14.03.1999.

(2.) Though the case is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal.

(3.) The present respondent who is the husband of the appellant-wife filed the petition under Section 13(1) (a) and (b) of the Hindu Marriage Act for divorce contending that the respondent and the present appellant are legally wedded husband and wife. Their marriage was solemnized as per Hindu rites, customs and rituals on 14.03.1999 at Surya Narayan Devastan, Aralawad village in Haliyal Taluka, Karwar District. They lived together for 12 years happily. Out of their wedlock, two daughters by name Shezal aged about 8 years and Sheetal aged about 6 years and one son by name Shriganesh aged about 4 years were born. After 12 years of their marriage the wife started quarrelling with the husband for silly reasons and thereby created unhealthy atmosphere at home. The respondent/ husband was disturbed mentally and physically insisting him for divorce for the reasons best known to her alone. Thereafter, the present appellant-wife left the house of the respondent-husband without intimating to him or any other person and went to her parental house. Inspite of repeated requests made by the husband, she did not return back. Therefore, the husband was constrained to file petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights bearing No.5/2011, which came to be decreed. Inspite of service of legal notice, the present appellant-wife has not obeyed the court order. Therefore, the husband filed the petition for divorce. As per the Records, the first notice was issued on 30.05.2011, the postal shara shows that 'the addressee has left the address'. The second notice was issued on 05.07.2011, the postal shara says that the respondent-the present appellant 'unclaimed'.