MAHANTESH Vs. SUJATA

JUDGEMENT

(1.) This appeal is filed by Dr. Mahantesh impugning the dismissal of his petition in MC No.57/2016 under Section 13(1)(ib) of the Hindu Marriage Act, 1956 by the Principal Judge Family Court, Gadag, (for short 'Learned Family Court'). The learned Family Court by its judgment and decree dated 04.02.2017 dismissed this petition in MC. No.57/2016 refusing dissolution of his marriage with Ms. Sujata.

(2.) A brief statement of undisputed facts are that the marriage between Dr. Mahantesh and Ms.Sujata was solemnized on 24.05.2006 at Lakkundi Village, Gadag Taluk, according to the Hindu rites and customs. At the time of their marriage, Dr. Mahantesh was a practicing doctor at Lakkundi Village. Ms. Sujata was in the family way within the first six months of the marriage. The couple were blessed with a son, namely Tarun, in the month of March 2007. Ms. Sujata continued to live with her parents at her maternal home for confinement.

(3.) In support of his petition for dissolution of marriage on the ground of desertion, Dr. Mahantesh contended that Ms. Sujata continued to stay at her maternal home in Ranebennur beyond the customary confinement after the birth of the child. She refused to join him in the matrimonial home without any justification. Therefore, he got a legal notice dated 21.11.2007 issued to Ms. Sujata to join him at the matrimonial home. However, Ms. Sujata responded by her reply notice dated 04.12.2007 making false imputations against him because she was not interested to join him. Ms. Sujata refused to join him in matrimonial life even after rejoinder notice dated 31.12.2007 was issued on his behalf in response to such reply notice dated 04.12.2007. Dr. Mahantesh also contended that Ms. Sujata had completely deserted him and their marriage was irretrievably broken down as there was no possibility of they resuming their marital life. Dr. Mahantesh filed the present petition for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1956 after a lapse of almost nine years from the date of his rejoinder notice dated 31.12.2007.