H N NAGARAJA RAO Vs. SUSHMA RANI

JUDGEMENT

(1.) The Appellant is challenging the legality and correctness of the judgment and decree passed by the Civil Judge (Sr. Dvn.)., Additional CJM, Arasikere dated 15.10.2009 passed in MVC No. 8/04.

(2.) The Appellant was Respondent in the aforesaid petition. The Respondent/wife filed a petition under Section 13 of the Hindu Marriage Act seeking a decree of divorce by dissolving the marriage solemnised between them on 9.12.1998 at Hassan on the ground of cruelty. The marriage between the parties was solemnised on 9.12.1998. They have a daughter now aged about 12 years. According to the Respondent/wife, they lived together only for few months. After she gave birth to the daughter, Appellant started ill-treating her with utmost cruelty on the ground that she has given birth to a female child. The Appellant is working as an engineer in a private industry. According to the Respondent, the Appellant used to tell before others that he had committed a blunder in marrying the Respondent and if, he had married any other lady, he would have been more happy and it is also the case of the Respondent that the Appellant developed bad vices and is addicted to liquor, gambling etc., and that he used to physically assault her. Inspite of several advises given to him, he failed to rectify his behaviour. According to her, she was driven out of the house without providing basic necessities which resulted in she taking shelter with her parents along with her minor child on the ground that her life has become miserable. On the cruelty meted out to her by the Appellant, she sought a decree for divorce. She has also referred to the MC Petition filed by the Appellant in MC No. 959/01 for restitution of conjugal rights and another petition filed in G&WC 36/2002 seeking custody of the minor child.

(3.) The Appellant admitted the relationship between him and the Respondent. He also admitted that out of the marriage he has a daughter and he has denied all other allegations. According to him, it is the Respondent who has treated him with utmost cruelty and deserted him without any reason and that he was not allowed to see even his daughter. Therefore, he filed a petition in MC No. 959/2001 for restitution of conjugal rights and also to grant the custody of the minor child by filing G&WC 36/ 2002. Both the petitions were allowed and inspite of the petitions being allowed, the Respondent has not joined him and that Respondent has failed to obey the directions issued in G&WC case. In the circumstances, he requested the Court to dismiss the petition.