PRABHAVATHI Vs. LAKSHMEESHA M.C.

JUDGEMENT

(1.) THE legality and correctness of the judgment and decree passed in M.C. No. 615/2002 dated 21.02.2011 passed by the II Addl. Prl. Judge, Family Court, Bangalore, is called in question in this appeal. The appellant -wife was the respondent before the Court below. The respondent -husband filed a petition for grant of decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, seeking decree of divorce on the ground of cruelty.

(2.) THE admitted facts are as hereunder: The marriage between the parties was solemnized on 10.11.1991 at Bangalore. After the marriage, the husband was staying with the appellant -wife in his father -in -law's house. One fine day, the landlord of the house, pursuant to an order passed in Execution Petition, all the belongings of the husband were thrown out along with other members of the family. According to him, it was a torture and mental cruelty caused to him, since he was working as a Deputy Manager in KSFC. It is also his case that after he was thrown out of the house, wherein his father -in -law was a tenant, he helped his father -in -law for rehabilitating the entire family. According to him, eviction order was passed against his father -in -law for non -payment of rent and he was also misrepresented before the marriage stating that the appellant herein was a Graduate even though she had not passed the PUC.

(3.) THE appellant denied all the averments made in the petition and contended that she is ready and willing to live with him.