R. RAMACHANDRAIAH Vs. R. USHA

JUDGEMENT

(1.) THIS is an appeal filed by the petitioner of M.C. No. 3538/2011 which was pending on the file of the Court of Principal Judge, Family Court, Bangalore. The appellant had filed a petition seeking divorce on the ground of cruelty under Section 13(1)(ia) of Hindu Marriage Act, against his wife, who is the respondent herein and the said petition has been dismissed after contest vide order dated 05.01.2013. It is this order which is called in question on various grounds. There is a delay of 50 days in filing the appeal. Hence an application is filed under Section 5 of the Limitation Act, 1963, to condone the delay and substantial cause is shown in the affidavit sworn to that effect. Hence we are satisfied about the same and the delay being very marginal is to be condoned and accordingly condoned by allowing I.A.I. of 2013.

(2.) THEN we have heard the learned Counsel for the appellant regarding admission.

(3.) THE grievance of the petitioner is that the respondent was rude and impolite and she did not show any respect to his parents. Right from day one, she did not want his parents to live with them and she would always make some complaint or the other. She used to return to home late in the night and keep herself locked in the room for long hours. Whenever he questioned her about the same, she used to abuse him and threaten to lodge complaint against him. In the year 1989 serious disputes arose between them and since then they started living separately. But due to the intervention of his parents they started living together. The petitioner is stated to have purchased valuable properties out of the income earned from silk business and they are worth several crores. He is stated to have provided good education to his sons, but they have become adamant and they are addicted to lavish lifestyle.