JAYASHREE Vs. RAJEEV

JUDGEMENT

(1.) Both the above appeals are filed under Sec. 19(1) of the Family Courts Act, assailing the judgment dtd. 23/7/2012 in M.C.No.177/2010 by which, petition filed under Sec. 13(1)(i-a) of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for short) is allowed, marriage of the appellant and respondent is dissolved; and judgment dtd. 23/7/2012 in M.C.No.141/2010 by which, the petition filed under Sec. 9 of the Act for restitution of conjugal rights is rejected.

(2.) Both the appeals are by wife challenging the grant of decree of divorce and rejection of her petition for restitution of conjugal rights.

(3.) The respondent-husband filed a petition under Sec. 13(1)(i-a) of the Act praying for dissolution of marriage with the appellant-wife. It is stated that the marriage of appellant and respondent had taken place on 24/4/2004 according to the Hindu rites and customs. They lived happily for some time and a girl child namely Kum.Pavani was born. The husband states that when the wife came back to the matrimonial home along with the child, she forced mother of the husband to live separately. It is alleged by the husband that the wife used to quarrel for small reasons. Further the husband alleges that the appellant-wife used to call for unnatural sex and she misbehaved like a devil in the sex. It is also alleged that the appellant-wife forced the husband to commit suicide, so that she could get the job. The husband got issued the legal notice dtd. 13/1/2005 seeking dissolution of marriage and the appellant-wife had filed a criminal complaint with the Mahila Police. It is stated that the Police authorities advised them to stay together, thereafter they stayed together for some time. Tthe respondent-husband was transferred to Raichur, but the appellant-wife failed to live with him. The appellant-wife, during September 2010 left the matrimonial house and the respondenthusband, with all household utensils including gas cylinders, without informing him.