PADMAVATI W/O BHIMAPPA NADAGOUDA Vs. BHIMAPPA

JUDGEMENT

(1.) The respondent wife being aggrieved by the judgment and decree dated 20.8.2010, passed in M.C.No.85/2008, on the file of I Addl. Senior Civil Judge, Gokak, has filed this appeal.

(2.) The status of the parties is referred to as per their ranking before the trial Court.

(3.) The petitioner husband filed a petition under section 13(i-b) of Hindu Marriage Act, seeking a decree for dissolution of his marriage with the respondent wife. It is the case of the petitioner that their marriage was solemnized at Vitthal Mandir, Pandarapur in the year 1988; thereafter they led marital life and out of wedlock two daughters are born viz., Savita and Suprita. The respondent was not at all interested in leading marital life with the petitioner and was not co-operating with the petitioner. She had no regards for the family members of the petitioner and was interested in residing with her parents. The petitioner and his parents advised her on various occasions to lead proper marital life. The petitioner made all efforts to have a separate accommodation during his service tenure but she did not choose to join his company. The petitioner and other elderly members of the family and elders of the village made several efforts by approaching the respondent to resume the conjugal rights with the petitioner. However she has deserted the petitioner willfully and voluntarily without any reasonable cause, in the year 1996. The respondent secured a job in the year 1996 as Primary School Teacher and she started residing at Ramadurg along with her sister Rukmini, whose husband died long back. Two daughters are also residing with the respondent. There is no cohabitation between the petitioner and the respondent since 1996.