This appeal is filed by the appellant, who is the husband, assailing the judgment and decree passed by the Principal Judge, Family Court at Chikmagalur, dated 30/06/2014 in M.C.New.No.134/2013 (Old M.C.No.24/2012). The said matrimonial case was filed by the appellant husband under Section 13(1)(ib) of the Hindu Marriage Act, 1955 [hereinafter, referred to as the Act, for the sake of brevity], seeking dissolution of marriage by a decree of divorce.
2. By the impugned judgment and decree, the Family Court has dismissed the said petition. Being aggrieved, the appellant husband has preferred this appeal.
3. We have heard learned counsel for the appellant. -: 3 :-
4. During the course of his submission, he drew our attention to the judgment in M.C.No.155/2011, which was filed by him seeking restitution of conjugal rights before the Family Court at Chikmagalur. The said petition was decreed, against which the respondent had filed MFA.No.9738/2011, which was dismissed by this Court. Subsequently, the respondent has not joined the appellant and hence, the appellant filed a petition seeking divorce.
5. In view of the aforesaid facts, we deem it just and proper to dispose of this appeal, reserving liberty to the appellant to file a petition under Section 13(1A)(ii) of the Act, seeking dissolution of marriage by decree of divorce. In the event if the appellant is unsuccessful in the said petition, liberty is reserved to him to revive this appeal. Ordered accordingly. Sd/- JUDGE Sd/- JUDGE *mvs