GOWRAMMA Vs. MAHANTAYYA

JUDGEMENT

(1.) This appeal under Section 19(1) of the Family Courts Act against the Judgment and Order dated 28.04.2016 passed by the District Judge, Family Court at Kalaburagi in M.C.No.213/2013 in and by which the petition filed by the appellant-wife under Section 9 of the Hindu Marriage Act, 1955 is dismissed and the counter-claim for divorce filed by the respondenthusband under Section 23A of the Hindu Marriage Act, 1955 is allowed dissolving the marriage of the appellant and the respondent.

(2.) Brief facts of the case are as follows:

(3.) In objection statement to the said petition, the respondent-husband while admitting the relationship, had pleaded that despite he asking the appellant not to talk with any person, she was talking to unknown persons. It is further pleaded that the appellant caused cruelty to the respondent. The respondent-husband also filed counter-claim under Section 23A of the Hindu Marriage Act, 1966, alleging that after the birth of the children, the appellant had hostile relationship with the respondent and that for more than two years, the appellant did not have any relationship with the respondent as she had deserted the respondent. It is further pleaded that the appellant used to get missed calls from mobile phone No.98454 58030 on a mobile phone held by the appellant which was in the name of the brother of the appellant. The respondent had collected the mobile call details. the appellant herein had attempted to commit suicide on two occasions, she was hospitalized and discharged. That she was not cooperating with respondent in day to day activities. It was alleged on 02.11.2012, she had written a suicide note. He has further pleaded that the appellant herself had deserted him and hence, sought for grant of decree of divorce by way of counter-claim. Based on the pleadings, the Family Court had framed the following points for consideration: