SAVITA Vs. RAVINDRA

JUDGEMENT

(1.) This appeal is filed under Sec. 19(1) of the Family Courts Act by the appellant-wife against the Judgment and Order dtd. 12/3/2019 passed in M.C.No.87/2019 by the Principal Judge, Family Court, Vijayapura, dissolving the marriage dtd. 9/12/2009.

(2.) Brief facts of the case are that the respondent-husband filed a petition under Sec. 13(l)(ia)(iii)(a) of the Hindu Marriage Act, 1955, contending inter alia that his marriage with the appellant-wife was solemnized on 9/12/2009 as per Hindu rights and customs and was also registered with the Sub-Registrar, Dharwad on 7/4/2010. That after the marriage, respondent and appellant resided together as husband and wife at Dharwad. It is alleged that the appellant was suspecting the respondent of having illicit relationship with another woman. That the appellant had conceded with the respondent that she was subjected to cruelty and humiliation at her parental house by her father and elder brother because she was a left-hander. That she was suffering from Asthama. That she gave birth to a daughter on 4/9/2013 who was named Mahi. That the appellant was suffering from illusionary problem. That during February 2016, she had told that she was suffering from breast cancer and on examination, it turned out to be an illusion, then her family members had also told that she was suffering from said illusionary problem. That she was being treated for the said issue with one Dr.Vinod Kulkarni at Hubli. Thereafter, she had some gynaeocological problems, for which she was treated by a doctor at Tavargere who had diagnosed her of Prolactin supposed to have been caused due to the side-effects of the tablets prescribed by Dr.Vinod Kulkarni. That the appellant left the matrimonial home on the pretext of visiting her parents. That on 2/11/2016, the brother of the appellant, with the help of three to four person, forcibly took the respondent herein to Vijayapura and assaulted him severely. That the father of the respondent herein had filed a missing complaint before the Sub-urban Police Station, Dharwad. That the parents of the appellant had taken forcible statements from the respondent herein threatening him of his life with dire consequences. Thereafter, the respondent came to Dharwad and took treatment and lodged a private complaint before the JMFC Court, Dhawad in PCR No.376/2016. That it was then confirmed to the respondent herein that the appellant was indeed suffering from Schizophrania. Thus, the respondent was subjected to cruelty by the appellant and her family members and therefore, constrained to file a petition seeking dissolution of marriage.

(3.) Upon service of notice, the appellant-wife appeared before the Family Court. Matter was referred to mediation, but failed. The appellant had neither filed objections nor contested the matter.