LEENA MONTEIRO Vs. ALWYN DCRUZ

JUDGEMENT

(1.) This appeal under Sec. 55(1) of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act' for short) arises out of judgment dtd. 22/6/2020, by which petition filed by the appellant under Sec. 10 of the Act seeking dissolution of marriage on the ground of cruelty, has been dismissed.

(2.) Facts giving rise to filing of this appeal in nutshell are that the appellant and the respondent were married on 17/5/1999 at Chikkamagalur. Out of the wedlock, a girl child was born on 6/10/2001. On 8/6/2017, the appellant filed a petition under Sec. 10 of the Act. It was pleaded that family of the respondent has financial issues, which led to fights and arguments between parents, siblings and children. The respondent was unable to take care of the financial needs of the appellant. She therefore, decided to take up a job. It was averred that in order to support the respondent, she moved to UAE in 2008 and started working in Abu Dhabi Commercial Bank in October 2008. The appellant thereafter started paying of the debts of the family of the respondent and brought some agricultural properties in the name of respondent. However, despite the effort put in by the appellant, the respondent failed to be financially independent and instead of taking care of financial needs of the appellant was dependant on her.

(3.) In the year 2012, the appellant realized that the respondent as well as members of his family were draining her financially as well as emotionally. The appellant therefore, decided to seek divorce and apprised the respondent about it. However, the respondent bluntly refused the proposal made by the appellant. The appellant with an object of giving her marriage another chance, took the respondent to UAE in the year 2012 and set up a salon there with an investor visa. However, by the end of the year 2013, the respondent expressed the intention to go back to India.