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2025 Supreme(Kar) 1845

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JAYANT BANERJI, UMESH M. ADIGA
G. Munikrishnappa, S/o. Late Gailinarasappa – Appellant
Versus
Nalini, Wife Of G. Munikrishnappa, D/o. Chennigarayappa – Respondent


Advocates Appeared:
For the Appellant : Sri. Kantharaju N.K., Adv.
For the Respondent: Sri. B.J., Eshwarappa, Adv. (Absent)

JUDGMENT :

JAYANT BANERJI, J.

Heard the learned counsel for the appellant.

2. This appeal has been filed seeking to challenge the judgment and order dated 23.09.2016, the decree of which was signed on 07.10.2016. By means of the impugned decree, the petition filed by the appellant under Section 13 (1)(ia)(ib) of the Hindu Marriage Act was dismissed.

3. The case of the petitioner was that he got married to the respondent on 15.06.1997 as per Hindu rites and customs and the marriage was consummated. They led a happy married life for one year. Thereafter the respondent ill-treated the petitioner. Reconciliation efforts were made, but to no avail. It is stated that on 15.06.1998, without informing the petitioner and his mother, the respondent left the matrimonial home and stayed at Obichoodahalli at her relatives house. On enquiries being made, it came to knowledge of the appellant that the respondent stayed at Obichoodahalli till 16.01.2008 and thereafter went to stay with her parents without any valid reason. Accordingly, desertion was alleged. Despite efforts, there was no cohabitation with the petitioner and she refused to join the matrimonial home. It is alleged that a son was born t

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