ARUN D. DALAL Vs. ROOPA V. RAO

JUDGEMENT

(1.) This Miscellaneous First Appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed by the petitionerhusband challenging the judgment and decree dtd. 14/9/2011 passed by the learned Judge of the Family Court at Mysuru, in M.C.No.335/2008, dismissing his petition filed under Sec. 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 (for short, 'the Act').

(2.) The parties are referred to by the rank assigned to them before the Family Court.

(3.) Brief facts of the case relevant for the purpose of disposal of this appeal are, the marriage of the petitioner with the respondent was solemnized on 20/4/2000 at Saraswathi Kalyana Mantapa, II Stage Banashankari, Bengaluru, as per the customs prevailing in their community. After the marriage, the couple lived together in the matrimonial house cordially and the respondent-wife gave birth to a girl child in the month of September 2000. The respondent had spent the pre-natal and post-natal period in the house of her father at Mysuru and after delivery, she returned to matrimonial house along with the child, but stayed with the husband only for a short period. It is the specific case of the petitioner-husband that after the wife returned to matrimonial home along with the child, her behaviour and attitude towards the petitioner and his family members changed and she was putting forward unreasonable demands including the demand to shift their residence to Mysuru or to stay in her parents house at Mysuru. Since the petitioner refused to leave his parents and his job at Bengaluru, the respondent started quarreling with him on petty issues and all of a sudden, she left to Mysuru without even informing him and started residing in her parents house. Efforts made by the petitioner to bring her back were all in vain and the panchayats held in this regard also failed. It is his case that subsequently, in order to settle the strained relationship between the parties, he moved to Mysuru and purchased a new house at Mysuru and started residing there with the wife and child and also his parents. It is his case that even thereafter, the respondent did not change her attitude and behaviour and she refused to take care of his parents and on the other hand, she was insisting the petitioner to come and reside along with her in her parents house. On 16/9/2005, abruptly she had left the matrimonial house and started residing in her parents house and all efforts made by the petitioner to bring her back failed and it is under these circumstances, he had filed a petition under Sec. 13(1)(ia) & (ib) of the Act, with a prayer to dissolve his marriage with the respondent solemnized on 20/4/2000 by a decree of divorce.