JAGALUR MADHUKESHWAR Vs. B G KAMALAKSHI

JUDGEMENT

(1.) The present appeal is by the petitioner (husband) in M.C. No.6/2004 on the file of the learned Civil Judge (Sr.Dn.), Hassan (hereinafter referred to as 'Trial Court' for short). He has challenged in this appeal correctness of the Judgment and Decree dated 27.02.2009 passed in the said case dismissing his petition filed under Section 13(1)(i)(a) of The Hindu Marriage Act, 1955 against his wife (respondent herein) seeking divorce on the ground of cruelty. We have heard the arguments of Kumari Prajwala, learned Counsel for the appellant-husband and Smt.Rajeshwari Devi, learned Counsel for the respondent-wife. Perused the impugned Judgment and Decree and also the entire material found in the original records in the said case obtained from the Trial Court.

(2.) Learned Counsel for the appellant-husband strongly contended that the Trial Court committed error in appreciating the evidence of the petitioner-husband and his witnesses which clearly establishes the mental cruelty to which the petitioner-husband was subjected by the respondent-wife and therefore, the impugned Judgment and Decree deserves to be set aside and the divorce petition of this appellant-husband deserves to be allowed dissolving his marriage with the respondent.

(3.) Per contra, learned Counsel for the respondent-wife contended that the Trial Court, on proper appreciation of the oral and documentary evidence placed on record by the respective parties and also following the judgment of Hon'ble Supreme Court in the case of Naveen Kohli v. Neelu Kohli, 2006 AIR(SC) 1675 has rightly held that the averments in the petition and the oral evidence of husband and his witnesses do not constitute cruelty of such a nature as to entitle the husband to seek divorce on that ground and therefore, the impugned Judgment and Decree does not call for any interference in this appeal.