BASAWARAJ Vs. SUJATA

JUDGEMENT

(1.) This appeal under Section 19(1) of the Family Courts Act filed by appellant-husband aggrieved by the Judgment and Order dated 07.10.2014 passed in M.C.No.71/2013 on the file of the Judge, Family Court, Bijapur, dismissing his petition seeking dissolution of marriage.

(2.) Brief facts of the case are that marriage of the appellant with the respondent was solemnized on 28.06.2004 at KEB Mangal Karyalaya of Bijapur town as per the Hindu rights and customs. After the marriage, appellant and respondent lived as husband and wife happily only for a period of six months. That thereafter, the respondent was quarreling with the appellant and his parents demanding a separate accommodation and luxurious life. That the appellant was unable to cater to the demands of the respondentwife. The appellant had no regular source of income. That the respondent was abusing the appellant and his parents and expressing her superiority complex and abused them in the presence of the neighbours, friends and relatives of the appellant. The respondent had developed hatredness towards the appellant and his parents. That the respondent being the only daughter of her parents, she left the company of the appellant during the year 2006 and went to her parental house and filed a false complaint before the Police against the appellant and his parents. That after the trial, the appellant and his parents were acquitted. That there was no justifiable reason for the respondent to have left the company of the appellant. Consequently, the appellant had filed a petition under Section 9 of the Hindu Marriage Act, seeking relief of restitution of conjugal rights in M.C.No.110/2011 which was allowed. Despite the aforesaid order directing the respondent to join the marital life with the appellant, the respondent refused. Finding no other alternate, the appellant filed the petition under Section 13(1)(ia)(iii)(a) of the Hindu Marriage Act, 1955, seeking grant of decree of divorce.

(3.) On service of summons, the respondent appeared and filed statement of objection, admitted the relationship, denied all the averments and allegations in the petition. It is the specific case of the respondent that she had led marital life with the petitioner upto 2012 and that she is ready and willing to lead marital life with the petitioner. That out of the marriage, male child was born who is studying in 1st standard. That it was the appellant who had deserted the respondent and the son without providing for maintenance for their livelihood. That the appellant at the instigation of his parents and sister was torturing the respondent physically and mentally. That the respondent tried her level best to adjust and live with her parents and his parents, but in vein. The petition for restitution of conjugal rights was filed with an intention to create grounds for the petitioner for divorce. It is her case that she is ready and willing to join the appellant and lead marital life for the sake of their son. Hence, sought for dismissal of the petition.