RENUKA Vs. SANGAPPA

JUDGEMENT

(1.) The appellant-wife has assailed the order dated 30.11.2013 passed in M.C.No.4/2010 on the file of the Senior Civil Judge, Bilagi by which respondent-husband's petition under Section 13 of Hindu Marriage Act for dissolution of his marriage which was solemnized with the appellant in the month of December, 2009 allowed in-part.

(2.) The appellant-respondent stated to have got married about 27 years back at Rabakavi village in terms of Hindu customs and they have lead a happy married life for about six years. They have begotten a male child by name Vithal. The allegation of the respondent is that, the appellant is from rich family and she wanted to lead her life according to her wish. She was in the habit of visiting her parental house oftenly and some times without informing the respondent. On all these issues, the appellant was advised through the elders, however there is no reform in her attitude. Without rhyme and reasons, the appellant settled in her parental house and refused to lead marital life with the respondent which compelled him to file petition under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights. During pendency of such petition, Appellant had promised to join the respondent. On such assurance, the respondent withdrew the petition filed under Section 9 of the Hindu Marriage Act. Thereafter, the appellant did not rectify herself and also not re-joined the respondent, and continued to stay in her parental house due to which marital relationship among the parties had come to halt. The appellant filed a Criminal Miscellaneous No.95/2007 before the JMFC Court, Bilagi for award of maintenance and it was allowed. Further she has filed O.S.No.73/2005 before the Senior Civil Judge, Bilagi for partition and the suit was decreed. In this backdrop, the respondent filed a petition under Section 13 of the Hindu Marriage Act, for dissolution of his marriage, which was solemnized in the month of December, 2009. The Trial Court framed the following points for consideration:

(3.) The respondent examined himself and two other witnesses as PWs-1 to 3, whereas, the appellant examined herself as RW-1. The respondent produced certified copy of the preliminary decree passed in O.S.No.73/2005 as Ex.P1. On the other hand, the appellant furnished Exs.R1 to R8 i.e. Certified copy of Judgment & Decree in O.S.No.73/2005, House assessment extract of property bearing No.45/A, House assessment extract of property bearing No.45/B, House assessment extract of property bearing No.45/C, Certified copy of record of rights of R.S.No.32/1, Certified copy of record of rights of R.S.No.73/2A and Certified copy of record of rights of R.S.No.10/1A, respectively.