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2021 Supreme(Kar) 132

B.V.NAGARATHNA, M.G.UMA
Martin Sujay, Son Of John Bapist – Appellant
Versus
Amulyabrinda Wife Of Martin Sujay – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. V.S.Biju, Advocate (PH)
For the Respondent:Sri. P.Rudrappa, Advocate (PH)

JUDGMENT :

M.G.UMA, J.

Though this appeal is listed for admission, with consent of learned counsel on both sides, it is heard finally.

2. The appellant-husband is before this Court being aggrieved by the impugned judgment dated 03/04/2019 passed in M.C.No.395 of 2016 on the file of II Additional Principal Family Court At Mysuru, (hereinafter referred to as “the Trial Court” for the sake of brevity) dismissing the petition filed under Section 27(2)(ii) of the Special Marriage Act, 1954 (hereinafter referred to as “the Act of 1954” for the sake of brevity).

3. The facts of the case in brief are that, the appellant is the husband and the respondent is the wife. They are Christians by faith and their marriage was solemnized on 18/04/2008 at Wesley Cathedral in Mysuru. It is alleged that the respondent used to harass and abuse the appellant in filthy language. She demanded for a separate house. Even after shifting to a rented premises in Kuvempu Nagar, Mysuru, the respondent had not improved her behavior. Instead, she filed a complaint against the appellant by making false allegations. Later, the respondent left the matrimonial house and started residing in her parents house without informi

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