M K PREMLATA Vs. GANGADHAR KRISHNAPPA GOKAK

JUDGEMENT

(1.) The legality and correctness of the judgment and decree passed in M.C. No. 50/2007 on 06.01.2010 by the First Additional Civil Judge (Sr. Dn.), Hubli is called in question in the instant appeal. The respondent filed a petition for grant of decree of divorce to dissolve the marriage solemnised on 08.05.2004 between the parties herein at Gangadhar Nagar, Hubli under Section 13(1)(ia) and (ib) of the Hindu Marriage Act on the ground of desertion and cruelty.

(2.) According to the petition averments, the marriage was solemnised on 08.05.2004. They lived happily at Hubli till 20-12-2004. According to him, the wife is of adamant nature; she used to quarrel with him without any reason and same treatment was extended to his family members; she was not co-operative with him; she always used to use filthy language; she was very-very cruel and rude to him; she is a short-tempered lady; she was insulting him and his parents, and she was also proclaiming that she has no intention to lead marital life with him and she had no willingness to marry him.

(3.) On 20.12.2004, the mother and brother of the wife came to his house when she was pregnant of eight months and on that day, the wife attempted to cause injury to him with a vegetable cutter. She left the matrimonial home along with her brother and mother. The attempts made to bring her back to matrimonial home through the elders ended in vain. It is also his case that she gave birth to a female child on 07.03.2005 and she has not even informed the same to him. When his mother went to see his child, she was not allowed to see her grand-child. Therefore, he filed a petition on the ground of cruelty and desertion.