JUDGMENT :

K.S. MUDAGAL, J.

1. Challenging the judgment and decree for dissolution of marriage under Section 13(1A)(ii) of the Hindu Marriage Act, 1955 (‘the Act’ for short), the respondent in M.C. No. 53/2021 on the file of I Additional Principal Judge, Family Court, Mysuru has preferred this appeal.

2. The appellant was the respondent and the respondent was the petitioner in M.C. No. 53/2021 before the trial Court. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court.

3. Brief facts of the case:

(i) The marriage of the petitioner and the respondent was solemnized on 24.02.2011 at Chanakya Kalyana Mantapa, Vishveshwaranagar, Sterling Theatre Road, Mysuru. The parties are Hindus and governed by the Act. The parties had troubled marriage. The petitioner filed M.C. No. 1661/2012 before the Family Court, Bangalore under Section 13(1)(ia) of the Act seeking decree for divorce. On transfer to the Family Court, Mysuru, that was renumbered as M.C. No. 35/2013. The respondent filed M.C. No. 196/2012 against the petitioner seeking decree for restitution of conjugal rights.

(ii) The Additional Principal Judge, Family Court, Mysuru,