R. REKHA Vs. K. G. RAVI

JUDGEMENT

(1.) The appellant/wife has preferred this miscellaneous first appeal assailing the judgment and decree dtd. 10/04/2012, passed in M.C.No.234/2011, on the file of the Family Court Judge, Davangere, allowing the petition under Sec. 13(1)(ia) filed by the respondent/husband under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of convenience) seeking divorce.

(2.) The appellant/wife (hereinafter referred to as "wife" and respondent/husband would be referred to as "husband" for the sake of convenience).

(3.) The husband filed the petition seeking divorce invoking Sec. 13(1)(ia)(ib) of the Act, contending that their marriage was solemnized on 23/04/2007 and that the wife treated with cruelty and left the matrimonial home without any reasonable cause. It is further contended that from the beginning itself the wife was not co-operating in discharging her marital obligations. There are no issues in their marital relationship. It is further case that the wife was incidental to commit suicide and also threatened that she will file criminal complaint under the provisions of dowry harassment. Ultimately, the wife left the matrimonial home and went to her parental home in the year 2010 and inspite of several requests made by husband, the wife has refused to rejoin the company and thereby living separately with her parents. It is further contended that wife has willfully refused and neglected to lead a happy married life. Having no other alternative, the husband had earlier filed a petition in M.C.No.184/2010 seeking divorce and the said petition ended in compromise and both mutually agreed to lead a happy married life. It is further contended that inspite of the compromise entered into between the parties, the wife did not stay at the marital home for long and in due course left the marital home. Having no other remedy available to the husband, filed a petition in M.C.No.234/2010 seeking divorce on the ground of cruelty and desertion.