G.U.VIJAYALAKSHMI Vs. SIDDESH S.HOMBARADI

JUDGEMENT

(1.) THE appellant was the legally wedded wife of the respondent herein. Their marriage was solemnized on 24.04.2004 as per the Hindu rites. On a petition filed under Section 13(1)(ia) of Hindu Marriage Act, 1956, by the respondent herein for dissolving the marriage on the ground of cruelty has been allowed vide considered order dated 07.11.2009 in M.C.No.51/2007 by the learned Judge of the Family Court at Davanagere. It is this order which is called in question on various grounds as set out in the appeal memo.

(2.) THE appellant was the respondent in the Trial Court and the respondent was petitioner in the Trial Court. Parties 3 will be referred to as petitioner and respondent as per their status in the causetitle of the Trial Court.

(3.) THE respondent appeared through her Counsel and filed detailed objections denying all the material averments in regard to cruelty. According to her, petitioner himself 4 used to abuse her by using vulgar language and used to come home late in the night having consumed liquor and used to pick up quarrels with her. It is her case that he had married a woman by name Mamata of Bangalore, who was his colleague in his branch office. It is her allegation that he harassed her to bring additional dowry from her parents house and therefore, she had lodged a complaint to the police. In order to avoid arrest at the hands of the police, the petitioner chose to file a petition seeking divorce. Hence, she has requested the Court to dismiss the petition.