SMT. NEELAMBIKA P.T. Vs. MANJUNATHA S. KADAM

JUDGEMENT

(1.) THIS appeal is directed against the final order passed in M.C. No. 19/2010 dated 11.8.2011 which was pending on the file of Court of Senior Civil Judge, Chikmagalur. On a petition filed by the husband seeking divorce on the ground of desertion under Section 13(1)(ib) of Hindu Marriage, divorce has been granted after contest. Being aggrieved by the said decree of divorce, the respondent therein i.e., the wife has challenged the said order on various grounds as set out in the appeal memo. Parties will be referred to as petitioner and respondent as per their rank in the Trial Court. The marriage of the petitioner and respondent was solomonised as per the Hindu customs on 23.4.2004. Thereafter, respondent started living in the matrimonial home of the petitioner at Chikmagalur. According to the petitioner, respondent is a lady of quarrelsome nature and used to pick up quarrels with him and with the family members for trivial reasons and thereby spoil the peace of the house. Out of their wed lock they have a female child Harshitha. When respondent went to her parents home for delivery, her parents insisted him to arrange for a separate house lest they would not send their daughter. The averment is that in view of their demand, the petitioner arranged for a separate house and thereafter respondent returned to Chikmagalur along with baby and started living in the separate house. Thereafter also she started quarreling with the petitioner. On 10.12.2005, she stated to have threatened him that she would send him and his family members to jail by filing a complaint and left the house. There afterwards she started living in her parents house in Davanagere is the averment

(2.) A legal notice was got issued by the petitioner through his lawyer on 27.3.2006 and respondent gave a reply denying all the allegations and later on filed a case seeking maintenance in Davanagere Family Court in Crl.Misc. No. 238/2006. In view of the compromise entered into between them, an order was passed by the Family Court at Davanagere to pay a sum of Rs. 1,000/ - as maintenance to her and Rs. 500/ - per month as maintenance to their child. It is his case that he has been paying maintenance to his wife and child. Respondent left the house on 10.12.2005 and since then she is residing in her father's house at Davanagere. Hence he had requested the court to allow the petition and grant a decree of divorce on the ground of desertion.

(3.) THE petitioner herein has been examined as P.W. 1 and respondent has been examined as R.W. 1 and 11 documents have been got marked on behalf of the petitioner and 18 documents have been got marked on behalf of the respondent. Ultimately learned Judge, after hearing the arguments of the learned counsel appearing for the parties, has allowed the petition by formulating the following 3 points as found in page 10 of the impugned order: