SHASHIDHAR Vs. VIJAYALAXMI

JUDGEMENT

(1.) "Quoad hume et quoad hume, these people cannot consummate the marriage" quoted by the House of Lords (And Privy Council) in the case of G. -vs- G., [LR 1924 AC 349], holding that two people should not be tied up together for the rest of their life in a state of misery.

(2.) The present appeal is preferred by the husband assailing the judgment and decree dtd. 17/7/2015, passed in M.C. No.175/2014, on the file of Principal Judge, Family Court, Dharwad, whereby the petition filed by the husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for short) seeking decree of divorce on the ground of cruelty came to be dismissed.

(3.) The husband filed the petition under Sec. 13(1)(ia) of the Act, seeking decree of divorce on the ground of cruelty. The marriage solemnized on 13/05/2013 is not disputed by the parties. It is averred by the husband that the wife was co-operative for one month, however, her behavior altogether changed later on. It is averred that she refused to do household work, also started making allegations against her husband that he is incompetent to discharge his matrimonial obligations, he is an unfit person to be a husband, the allegation of impotency was disclosed not only before him, but also before relatives of both parties, which caused lot of embarrassment to the husband resulting in mental torture, which was intolerable to lead the life with his wife and thus, sought for a decree of divorce.