SRI Y.V. RAGHUVEER Vs. SMT S. SUMANA

JUDGEMENT

(1.) THIS is an appeal filed by the husband against the dismissal of his petition filed under Section 13(1)(ia) and (ib) and (1 -A)(ii) of Hindu Marriage Act, 1955. He had sought for the decree of divorce on the ground of cruelty desertion and non -restitution of conjugal rights. The said petition has been dismissed by a considered order dated 24.11.2009. It is this order which is called in question on various grounds as set out in the appeal memo. The appellant was the petitioner and the respondent herein was the respondent in M.C. No. 309/2003 which was pending on the file of III Addl. Prl. Judge, Family Court, Bangalore. The impugned order is dated 24.11.2009. The parties will be referred to as the petitioner and respondent as per their ranking in the Trial Court.

(2.) THE marriage between the parties was solemnized on 30.06.1999 as per their custom and thereafter both the parties led their martial life at Bangalore. According to him, ever since the marriage, the respondent had the habit of intermittently visiting her mothers house and residing therein without his permission and thereby she was not properly responding to the matrimonial obligations. According to him, he persuaded her to come back and join him. Her behaviour was stated to be adamant and she used to put unnecessary conditions to him stating that he should not interfere with her affairs and her movements. According to him, she was asserting that she had all the liberty to go to any place at any point of time and that she should not be questioned by him in any manner. Since he did not want any conflict with the respondent, he was adjusting with her somehow. The respondent gave birth to a male child on 26.03.2000 and thereafter did not return from her parents house to the matrimonial home and inspite of his best efforts he could not get her back.

(3.) THE respondent had filed detailed objections denying all the material averments in regard to desertion and cruelty. It is her case that the petitioner was never interested to lead happy marital life with her and that he never performed his marital obligations towards her. According to her, the petitioner and his parents were also bent upon living on her salary since she is a Government employee. They were demanding money from her and were insisting that she should handover the entire salary to them, is her case. On failure to do so, the petitioner and his parents used to abuse her in foul language and ultimately threw her out of the matrimonial home. Being left with no other avenue, she went to her parent's house and started living with her mother. Later on, the petitioner got issued a legal notice on 20.12.2000 and thereafter chose to file a petition under Section 9 of the Hindu Marriage Act in M.C. No. 230/2001. Filing of this petition, according to her, was a clear conspiracy hatched by him and his parents. Inspite of the same, she was ready to go back and lead a marital life with him but the petitioner did not allow her to join him.