B.P. BADRINATH Vs. SMT. LATHA BADRINATH

JUDGEMENT

(1.) THE legality and correctness of the judgment and decree in M.C. No. 2656/2008 of the I Additional Principal Judge, Family Court, Bangalore dated 23.08.2011 is called in question in this appeal. The appellant is the husband. He filed a petition for grant of a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act. The marriage between the parties was solemnized on 03.05.1990 at Kashi Matt Kalyana Mantapa, Malleshwaram, Bangalore. In the marriage, they have two sons by name Abhishek and Prathik who were born on 08.10.1992 and 23.04.2003 respectively.

(2.) IT is the specific case of the appellant that in the month of April 1992 he left for Muscat for job. The respondent wife joined after giving birth to first child. They stayed in Muscat till February 1996. Thereafter, appellant changed his service and started working in Dubai. In the circumstances, the eldest son was sent to Bangalore along with respondent/wife. She stayed in the house of her parents. Again in 1997, she joined appellant in Dubai. Though appellant was not interested in respondent working in a company, she joined for work and later they moved to Abu Dhabi in June 1998 where both of them worked together. During the said period, respondent came in contact with one Prashanth at Abu Dhabi. It is the specific case of the appellant that respondent developed illicit relationship with Prashanth and therefore she was not willing to go for second child. Further, when they were in Abu Dhabi, the respondent's mother insisted the respondent to give divorce which caused mental cruelty to appellant. It is the further case of the appellant that first son after coming to know of illicit relationship of respondent with Prashanth, became violent which compelled the appellant to admit his first son to a boarding school at Chickmagalur. It is the further case of the appellant that thereafter respondent continued to quarrel with appellant for no fault of him. It is also his case that respondent insisted to purchase an apartment in Bangalore. Accordingly, a flat was purchased in the name of respondent in Bangalore on 03.12.2003. In the meanwhile, she gave birth to second child. Thereafter, parties returned to Bangalore on 19.09.2008. For the reasons best known to respondent, she did not return to Dubai from Bangalore Therefore, appellant filed a petition for grant of decree of divorce on the ground of cruelty.

(3.) BASED on the pleadings, evidence was led in. Both witnesses were examined and cross -examined by the learned Counsel who were appearing for the parties. The trial court formulated the following point for consideration: