U SRIDHARA BHAT Vs. PRABHAVATHI U BHAT

JUDGEMENT

(1.) This appeal arising out of a .Matrimonal Cause, is by the husband, who along with the Respondent-wife had filed a joint-petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 ('Act' for short) and is directed against the order dated 6-2- 1985 made in M.C. No. 15 of 1984, on the file of the Civil Judge, Udupi, rejecting the petition. The wife is arrayed as respondent; but there is no contest in this appeal.

(2.) In their petition the parties averred that their marriage was solemnised on 11-3-1979 in accordance with the Hindu Shastraic rights at Sri. Janardhana Devaru Temple at Pangala ; that they lived as man and wife at the appellant's house at Krishnarajanagar in Mysore District till 17-9-1979 : that they have no issues by the marriage; that there-after they were not able to live together ; and that respondent has since been staying-away with her parents at Mallur village of Udupi Taluk. It was urther averred that the parties had mutually agreed upon the dissolution of their marriage and that both of them had voluntarily consented to the dissolution. After lapse of the Statutory period of six months the matter came up before the Court-below on 5-2-1985. The Court made efforts to bring about a reconciliation ; but no reconciliation was possible. Both the parties deposed before the Court in support of their prayer for dissolution of the marriage by mutual consent and reiterated the averments in the petition.

(3.) Learned Civil Judge, however, entertained doubts about the permissibility of grant of relief in the case. On a consideration of the matter the Court- below declined relief. The reasoning in support of this conclusion had better be stated in its own words :