A R ARUNA KUMAR Vs. NALINI

JUDGEMENT

(1.) THIS Miscellaneous First Appeal arises out of a Judgment and Decree passed by the II Addl. Civil Judge, Mysore in MC No. 6/1990 whereby the petition filed by the appellant--husband for divorce under S. 13 (1) (ia) of the Hindu Marriage Act, 1955 has been dismissed.

(2.) THE parties were married according to the Hindu customary rights in January 1985 at Periyapatna, Mysore District. They set up their marital home at Bannur, but later shifted to Mysore where they lived up to November 1986. M. C. No. 6/1990 seeking dissolution of marriage was filed by the appellant before the Court below on the allegation that the respondent wife had treated the husband with cruelty within the meaning of S. 13 (1) (ia) of the Hindu Marriage Act, 1955 which entitled him to a decree for dissolution of the marriage. The case set out in the petition was that the respondent-wife had the bad habit of stealing valuables found in any place without realising the consequences of such an act and unmindful of the fact that she was the wife of an Officer. The petition referred to an incident in this regard wherein the respondent is alleged to have committed theft of a gold chain weighing 30 gms. and belonging to the family of one Sri Siddegowda who was the owner of the house in which the petitioner and the respondent were living together as tenants. According to the petitioner, when he suddenly noticed the appearance of the gold chain in question, he inquired from the respondent as to how she had acquired the same. The respondent could not according to the husband give a proper reply. The petitioner it is alleged had to suffer humiliation and settle the matter with his landlord to save his respect in the society. This act according to the appellant -husband caused an awkward position for the petitioner and lowered his reputation for which he reprimanded the respondent who left the matrimonial home never to join him again. A legal notice sent to the respondent-wife having evoked no response from her, the petitioner-husband moved the Court for a decree of dissolution of the marriage.

(3.) IN the written statement filed by the respondent wife, the allegation that the respondent was in the habit of stealing valuables found at any place was denied as being totally false. The incident referred to in the petition was also denied as false. It was also denied that the alleged incident had put the husband in an awkward position or adversely affected or lowered his reputation in the society. It was alleged that although the gold chain was found by her in the front courtyard of the house, she had promptly reported the same to the petitioner and handed over the chain to him. It was according to the respondent the petitioner who had made an attempt to sell the chain to a goldsmith and in the process got exposed. The chain was subsequently restored to the owner Sri Siddegowda. The allegation that the respondent had deserted the petitioner without any sufficient cause and thereby treated him with cruelty was denied. It was according to the wife, the appellant-husband who had deserted her for no fault of hers. The written statement went on to allege that the petitioner had developed an illicit intimacy with one Mrs. Synomy Menon whom the appellant used to meet frequently. It was alleged that the appellant used to go out of Bannur on false pretexts only with a view to pursue his illicit liaison with the said lady. This act according to the respondent caused immense anguish and embarrassment to her. So much so the petitioner brought one of the children of the said Smt. Synomy Menon to Mysore to get him admitted to a convent and shifted the family from Bannur to Mysore only with a view to look after the child. It was further alleged that the petitioner husband had brought to his house at Mysore one Sri Ramegowda who had himself deserted his wife. The husband it was alleged had dropped the respondent wife at her parents house in November 1986 with the assurance to take her back within a fortnight. That promise was never made good. Sincere efforts made by the wife to join the company of the husband had also proved abortive. The respondent prayed for the dismissal of the petition.