AJITH KUMAR Vs. PADMAJA

JUDGEMENT

(1.) This appeal is filed under Section 19(1) of the Family Courts Act, 1984 challenging the judgment dated 07.11.2013 passed by the Principal Judge, Family Court, Bellary, by which the petition filed by the appellant herein under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, (hereinafter referred to as "Act" for short) seeking dissolution of marriage by a decree of divorce, has been dismissed.

(2.) The facts necessary for deciding this appeal briefly stated are that admittedly, the marriage between the parties was performed on 13.02.2005 at Bellary. After the marriage, the appellant and the respondent lived together in Bangalore. After few days, the parents of the respondent took her to their house at Bellary with the assurance that they would send her back within 10 days. However, the respondent stayed with her parents for a period of four weeks and thereafter returned to the house of the appellant. It is the case of the appellant that the respondent left the matrimonial home on 04.02.2007 with all her belongings and started living with her parents. The appellant, in the meanwhile, approached the respondent on 23.06.2007 and requested her to join the matrimonial home. However, she refused to join the matrimonial home. It is also the case of the appellant that on 03.11.2007, once again the appellant approached the respondent at Kampli and requested her to join matrimonial home. However the respondent did not join the appellant.

(3.) The appellant thereafter sent a legal notice on 11.01.2008, which was served on the respondent. Thereafter, the appellant filed a petition seeking restitution of conjugal rights under Section 9 of the Act. In the aforesaid proceeding, the respondent, as per the admission of the appellant, entered appearance. However, the appellant withdrew the said proceeding on 30.01.2010 and instituted proceeding under Section 13 (1) (ia) and (ib) of the Act on the grounds of desertion and cruelty. It was pleaded that the respondent has deserted the appellant as she has left the matrimonial home on her own volition on 04.02.2007 and despite several attempts made by the appellant, she did not join the matrimonial home. It was also pleaded that the respondent harassed the appellant herein and his family members, which amounts to cruelty. Accordingly, a decree for dissolution of marriage was sought.