SRI. VIRATAYYA S/O ISHWARAYYA GANACHARI v. SMT. JAYASHREE @ VIJAYLAXMI

These two appeals were filed against the Judgment dated 25.01.2017 passed in M.C.No.29 of 2015 and M.C.No.78 of 2015 on the file of Principal Senior Civil Judge and C.J.M., Bagalkot.

2. M.C.No.29 of 2015 is filed under Section 9 of the Hindu Marriage act for restitution of conjugal rights and it is allowed. Whereas, M.C.No.78 of 2015 under Section 13(1)(ia)(ib) of Hindu Marriage Act for dissolution of marriage is rejected.

3. Undisputed fact is that Judgment dated 25.01.2017 is an ex-parte Judgment. In view of ex- parte Judgment, Judgment dated 25.01.2017 is set aside and matter is remanded to the Court below while restoring the M.C.No.29 of 2015 and M.C. No.78 of 2015 on the file of Principal Senior Civil Judge and C.J.M., Bagalkot.

4. The parties are hereby directed to appear before the Court of Principal Senior Civil Judge and C.J.M., Bagalkot on 08-01-2020.

5. Learned Principal Senior Civil Judge and C.J.M., Bagalkot is hereby directed to make necessary endeavor to decide the aforesaid petitions within a reasonable period of six months from the date of receipt of copy of this order. In view of disposal of the appeal M.F.A.No.100117 of 2018, I.A.No.2 of 2018 does not survive for consideration, accordingly I.A.No.2 of 2018 stands disposed of. Sd/- JUDGE Sd/- JUDGE