R. SUREKA Vs. G. JAYAKUMAR

JUDGEMENT

(1.) THE present appeal is directed against the decree of divorce granted in favour of the respondent herein by the learned V Addl. Judge, Principal Family Court, Bangalore, in M.C. No. 909/2007 dated 10.03.2011. Petition filed by the respondent -husband on the ground of cruelty under Sections 13(1)(ia) and 13(1 -A)(i) of Hindu Marriage Act, 1955, has been allowed. The appellant herein was the respondent and the respondent herein was the respondent in the said case. The parties will be referred to as the petitioner and the respondent as per their ranking before the Trial Court. The marriage of the parties was solemnized on 29.01.2001 at Sri Muniganga Kalyana Mantap at Bangalore. From 25.04.2001 both the parties have been residing separately. The respondent -wife is residing in the house of her parents at Prakash Nagar, Bangalore. On 25.08.2001 the respondent had filed a petition under Section 10(1)(B) of Hindu Marriage Act, seeking judicial separation for a period of three years and an order was passed on 22.11.2003 granting judicial separation for three years. She had filed execution petitions to recover the interim maintenance and also had made an attempt to get the maintenance enhanced by filing Misc. Case No. 50/2005. She had also preferred Criminal Revision Petition Nos. 1742/2006 and 1189/2005. On a complaint lodged by her petitioner -husband had to face a trial in a criminal case bearing C.C. No. 876/2001.

(2.) THE case of the petitioner -husband in brief is that, the respondent had tried to stop the marriage somehow or the other and she had made an attempt the previous day of the marriage. According to him, she never joined him as a wife in a short span of three months. She was always insisting him to give divorce and hence she was constantly refusing co -habitation. She was insisting him to take his share of the properties from his parents and to set up a separate house. According to him, the respondent and her family members chose to lodge a complaint against him and his family members and as a result of the same, he and his father had to spend two days in Central Prison. As a result of the same, he had suffered mental agony and this amounts to cruelty. Apart from that, she is stated to have deserted him without any valid reason.

(3.) PETITIONER has been examined as PW 1 and he has relied upon 10 documents. On the other hand, respondent has been examined as RW 1 and has relied upon 15 documents.