RAGHU R Vs. SHUBHA K R

JUDGEMENT

(1.) This appeal is by the appellant husband being aggrieved by the impugned judgment and decree dated 16.06.2012 passed in MC No.195/2011 on the file of the Judge, Family Court at Davangere, allowing the petition filed by the respondent-wife under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, for divorce.

(2.) The brief facts of the case are that the appellant was the respondent before the court below. The appellant and the respondent are the legally wedded husband and wife and their marriage was performed on 25-12-1997 at Sri. Manjunatheshwara Temple, Dharmastala. After marriage they lived with cordial relationship. Be that as it may, from the marriage the child by name Kum. Chinmayi was born on 14-05-2002 and they lived together till 2009. From the month of September 2009, the appellant started ill treating the respondent physically and mentally harassing her every day during night time under the influence of alcohol. He is the proprietor of a Bar and Restaurant in Davangere and he used to come to the house at night after consuming alcohol and harass the respondent. In view of the strained relationship, allegations and counter allegations regarding extra marital relationship by the appellant as well as the respondent and he was insisting the respondent to give consent for his second marriage and when she refused for the same, he again started ill-treating the respondent. On account of the abnormal behaviour and ill-treatment meted out to her physically and mentally every day, the respondent herein to safeguard her personal life and the welfare of the child from the hands of the appellant, was forced to live separately since two years before filing the petition and that there is no cohabitation between the appellant and the respondent and further subsequently the respondent contended the appellant is having illicit relationship with one Smt. Mukta and he is living with her. From this relationship, the appellant has got one female child also. On account of these reasons the marriage between the appellant and the respondent irretrievably broke down and there is no possibility of reunion between them. Hence subsistence of marriage between the appellant and respondent will serve no purpose. Therefore, she was constrained to file the petition under Section 13 (1) (ia)( i-b) of the Hindu Marriage Act seeking divorce from the appellant. The same was registered in M.C.No.195/2011 on the file of Judge, Family Court, Davangere.

(3.) Upon service of notice to the appellant, he represented through counsel and filed statement of objections denying the allegations made in the petition and made counter allegations against the respondentwife, that she has developed illicit relationship with a Police Officer since 2009 and she was not looking after the family and the child. Therefore, the appellant was constrained to go before panchayaths and the well wishers, who had advised the appellant and respondent, but she did not heed to the advice of the elders. The appellant had paid Rs. 5,00,000/- to the parents of the respondent for purchase of house in the name of the respondent. The respondent agreed to settle this amount and also give custody of the child Chinmayi to the appellant and both had agreed to file consent petition for divorce, but the respondent-wife has not repaid the amount nor given consent for divorce. Therefore, he submitted that the averment made in the petition is misconceived in nature and prayer cannot be granted and petition for divorce be dismissed in limine.