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2023 Supreme(Online)(KAR) 4648

HIGH COURT OF KARNATAKA
ALOK ARADHE,S VISHWAJITH SHETTY
J C VIJAYAKUMAR – Appellant
Versus
K V MANAGALA @ MOHANAKUMARI – Respondent


This appeal under Section 28 of the Hindu Marriage Act,

1955, has been filed against the judgment and decree dated

25.06.2014 passed by the Trial Court, by which the petition

filed by the appellant seeking dissolution of marriage on the

ground of desertion and cruelty has been dismissed.

2. Facts leading to filing of this appeal briefly stated are,

that the marriage between the parties was solemnized on

28.03.2005. After the marriage, the appellant and the

respondent resided together for a period of two years and a

child was born to them. However, it is the case of the appellant

that the respondent was having illicit relationship with other

persons and the appellant himself witnessed the same. A

panchayath was convened on 02.08.2009. However, the

respondent did not mend her ways.

3. According to the appellant, the respondent left the

matrimonial home on 28.06.2010. The appellant, thereafter,

sent a notice to the respondent on 11.04.2011 for dissolution of

marriage. Despite receipt of the notice, the respondent did not

join the matrimonial home. The appellant, thereupon, filed a

petition seeking dissolution of marriage on the ground of

cruelty and desertion on 30.01.2013 before the

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