K RAGHAVENDRA Vs. ROOPA @ K SHANTI

JUDGEMENT

(1.) This appeal is filed by the petitioner-husband in M.C.No.69 of 2018 challenging the Judgment and Decree dated 13.08.2018 by the Principal Judge, Family Court, Ballari.

(2.) The marriage of the appellant with the respondent was solemnized on 13.08.2017 at K.E.B. Engineering Function Hall, behind BUDA office, Mothi Circle, Ballari as per the Hindu rites, customs and traditions. It is the case of the appellant that from the initial days of the marriage itself, his wife was picking up unnecessary quarrel with him and she was suspecting him of having illegal relationship with the others. It is his further case that his wife was not respecting him and his family members. Once his wife had assaulted his mother and sister with chappal and as a result, a complaint was filed before the A.P.M.C. Police Station and the police had advised his wife not to repeat such acts. Subsequently, when he was suspended from his job on the allegation of misappropriation, the wife left his company and went to her parents' house. Thereafterwards, he went to her house and after negotiations brought her back. But the wife stayed with him only for two days and once again picked up quarrel with him in public and left his company.

(3.) After some days she came to his house along with about 10 men and assaulted him and his family members. A police complaint was filed and it was registered as Crime No.79 of 2018 in Ballari Rural Police Station. As a counter to this complaint, wife filed a complaint to Superintendent of Police, Ballari and a case in Crime No.25 of 2018 was registered against the appellant and his family members for the offences punishable under Sections 498A, 504 and 307 read with Section 34 of I.P.C. and Section 3 and 4 of Dowry Prohibition Act, 1961. As a result of these acts, he and his family members had to face serious hardship and embarrassment. He has contended that the acts and adamant attitude of the wife caused him untold hardship amounting to both physical and mental cruelty. Therefore, the appellant had filed petition under Section 13(1)(1-a) of the Hindu Marriage Act, 1955 before the Court of Principal Judge, Family Court, Ballari in M.C.No.69 of 2018 seeking dissolution of marriage on the ground of cruelty.