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2019 Supreme(Kar) 1050

B.A.PATIL, BELLUNKE A.S.
Chittemma Alias Mahadevi D/o Late Nagendrappa – Appellant
Versus
A. Mallikarjuna – Respondent


Advocates:
Advocate Appeared:
B.S. Sangati, Adv., Ravi Hegde, Adv., Ravi S. Hegde, Adv.

JUDGMENT :

A.S. BELLUNKE, J.

1. Miscellaneous First Appeal No.102839 of 2015 is filed by the wife against the judgment and decree dated 28.01.2014 passed by the Principal Judge, Family Court, Bellary, passed in MC No.318 of 2013. Miscellaneous First Appeal No.101732 of 2017 is also preferred by the wife against the order dated 10.07.2015 passed by the Principal Judge, Family Court, Ballari, in Civil Misc. Case No.7 of 2014. Since the subject matter involved in both the appeals are interconnected with other in order to avoid repetition of facts and issues involved, both the cases are taken up together and dispose of by this common judgment.

2. Brief facts of the case are as under:

    The appellant and respondent are wife and the husband. The respondent-husband had filed the divorce petition before Family Court, Ballary, in M.C.No.318/2013 under Section 13(1)(ib) of Hindu Marriage Act on the ground that the appellant-wife had voluntarily deserted her husband for a period of more than two years without any lawful excuse. All efforts made by the husband to get back his wife did not yield any result. The wife was acting to the words of her parents. She had left matrimonial house without any in

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