LAWS(KAR)-2019-7-192

VANITA Vs. GANTESH

Decided On July 12, 2019
VANITA Appellant
V/S
Gantesh Respondents

JUDGEMENT

(1.) Wife has filed this appeal being aggrieved by the judgment and decree passed in MC No.59/2017, whereunder petition filed under Sections 13(1)(ia)(ib) of Hindu Marriage Act, 1955 (for short "the Act") came to be allowed.

(2.) The marriage between respondent and appellant came to be solemnized on 11.05.2015 at Gadag as per custom prevailing in their community. Out of said wedlock, a female child was born on 19.03.2016. It was the grievance of the respondenthusband that when his parents had visited his in-laws are said to have not extended proper respect and has abused them. Hence, contending that he had physically and mentally suffered, he returned back to Bijapur to look after the welfare of child and the appellant and at that point of time also wife had abused him. He further states that panchayat was held by the elders of the family as wife had without any reasonable cause had deserted him. Hence, contending that he had issued a legal notice on 20.04.2017, had filed petition in question for dissolution of his marriage solemnized on 11.05.2015.

(3.) Notice came to be issued by the learned trial Judge by order dated 31.05.2015 and on 21.06.2017, respondent wife was placed exparte and on the next date i.e., on 03.07.2017, evidence of petitioner came to be recorded and by judgment and decree dated 07.08.2017 allowed the petition by decreeing the same. Hence, this appeal.