NANJUNDA SWAMY Vs. S.MANGALA

JUDGEMENT

(1.) This appeal under Sec. 19 of the Family Courts Act, 1984 has been filed against the judgment dtd. 7/2/2017 passed by the family court by which petition filed by the appellant under Sec. 13(1) (i-a) of the Hindu Marriage Act , 1955 (hereinafter referred to as 'the Act' for short) has been dismissed.

(2.) Facts giving rise to filing of this appeal in nutshell are that the marriage between the appellant and respondent was solemnized on 22/5/1989. Out of the wedlock, three children were born. The appellant filed a petition under Sec. 13 of the Act on 10/2/2014 seeking dissolution of marriage. It was inter alia pleaded that since beginning, the respondent doubted the fidelity of the appellant and used to torture and ill treat him. It was further pleaded that on account of misbehaviour of the respondent, the appellant shifted the matrimonial home to his place viz., Ittanalli Koppalu. It was pleaded that respondent used to quarrel with the appellant and assaulted him in public. The respondent also lodged a criminal complaint against the appellant for an offence under Sec. 498A and 307 of Indian Penal Code, 1860 on 12/10/2012. It was further pleaded that the appellant was arrested and was in judicial custody for a period of 18 days. It was also pleaded that appellant had also lodged a complaint against respondent's brother before Vijayanagar Police Station, Mysore on 8/6/2013. It was averred that the marriage between the parties have irretrievably broken down and the respondent has treated the appellant with cruelty. Accordingly, a decree of dissolution of marriage under Sec. 13(1) (i-a) of the Act was sought.

(3.) The respondent filed statement of objections in which the relationship between the parties was admitted. However, it was denied that she has subjected the appellant to cruelty. It was pleaded that the appellant has not provided basic necessities to the respondent and has assaulted her and turned her out of the matrimonial home. Therefore, the respondent lodged a complaint against the appellant for offences under Sec. 498A and 307 of Indian Penal Code. It was also averred that appellant is working as Senior Health Assistant at Government Hospital and has an illicit relationship with Junior Health Assistant viz., Daisy Agnes. It was also averred that since the respondent was tortured at the matrimonial home, she has started residing at Mysuru.