P.SUDHA Vs. RAJESH

JUDGEMENT

(1.) This appeal is filed under Sec. -19(1) of the Family Courts Act, 1984 (for brevity 'FC Act'), calling in question the judgment and decree passed in M.C. No.107/2018, dtd. 6/10/2018, by the Court of First Additional Principal Judge, Family Court, Mysuru, wherein the Family Court has dismissed the petition filed under Sec. -13(l)(i-a) of the Hindu Marriage Act, 1955 (for brevity ^HM Act') filed by the appellant-wife. Therefore, being aggrieved by the dismissal of the petition, the appellant-wife has preferred the present appeal. Brief facts:

(2.) It is stated that the appellant is the wife and the respondent is the husband and their marriage was solemnized on 14/6/2015 at Shaneshwara Temple, near Geleyara Balaga, Bengaluru as per the customs and tradition prevailing in their community. It is stated that for some time both were leading a happy married life. But thereafter, the respondent developed an affair with some other lady and when it was questioned by the appellant the respondent behaved rudely. Therefore, the respondent had betrayed the appellant and also had played a drama of committing suicide. But really he had not made any such attempt.

(3.) Further, the appellant has stated that the respondent had meted ill-treatment both mentally and physically and therefore, the appellant started residing along with her parents. Later, the appellant had joined a fashion design course. There also the respondent used to go to that college and he had a doubtful nature and therefore the appellant could not tolerate respondent 's cruelty. Hence, the appellant was constrained to file a petition for divorce. It is also further averred that when the appellant became pregnant, due to the mental agony caused by the respondent, her pregnancy was aborted. Therefore, by making averments regarding cruelty by the respondent, the appellant was constrained to file a petition for divorce before the Family Court.