N S MADAN Vs. M SAHANA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant -husband under S. 19 of Family Courts Act challenging the final order passed by the V Additional Judge Principal Family Court, Bangalore in M.C. No. 316/2008 dated 17 -12 -2011. The appellant/ husband herein is the petitioner and respondent/wife herein is the respondent in the said case. The parties will be referred to as the petitioner and respondent as per ranking in the trial Court.

(2.) THE appellant herein had filed a petition under S. 13(1)(ia) seeking divorce on the ground of desertion and cruelty. The said petition has been dismissed by considered judgment dated 17 -12 -2011. It is this considered order which is called in question on various grounds as set out in the appeal memo.

(3.) THE respondent had filed an application under S. 24 of Hindu Marriage Act seeking interim maintenance and a sum of Rs. 2,500/ -was awarded as monthly maintenance. When the petitioner was about to file divorce petition, the respondent and her child came to the house of the petitioner all of a sudden and prayed him to pardon her and to her mistakes. Later on, the parents of the respondent, who were at Mysore shifted to Bangalore and started to stay in K.G. Nagar, Bangalore. The father of the respondent was working as a Professor in a College at Kolar. The moment, the parents of the respondent shifted to Bangalore, her attitude changed all of a sudden and she started quarrelling with the petitioner and started treating him with all contempt. According to him, her intention was to grab the property in one form or the other. She chose to lodge a complaint before the police and after filing the complaint, she came home and collected all the belongings and left home abruptly. All these facts are said to be 'cruelty ' within the meaning of S. 13(1)(ia) of Hindu Marriage Act. With these pleadings, he requested the Court to dissolve the marriage by way of divorce.