N. SHIVAPRABHU Vs. RASHMI ALIAS SIDDALINGAMMA

JUDGEMENT

(1.) THIS appeal is directed against the final order passed in a matrimonial case bearing M.C. No. 404/2009 dated 24.02.2012. The learned Family Court Judge, at Mysore has dismissed the petition filed by this appellant seeking divorce on the grounds of cruelty and desertion under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act. Respondent herein is his legally wedded wife. Parties will be referred to as petitioner and respondent as per their status in the Trial Court. The marriage of the appellant had been solemnized with the respondent on 26.03.2006 in accordance with the Hindu customs. According to him, a sum of Rs. 1,00,000/ - was paid by his father to the father of the respondent herein to meet the marriage expenses and apart from that, the petitioner himself had spent a sum of Rs. 60,000/ -. It is his case that he had been providing financial assistance to the father of the respondent on various occasions. According to him, he had developed fascination towards the respondent since from his childhood and therefore, she was virtually his dream girl.

(2.) IT is alleged by him in the petition that soon after the marriage, nuptial ceremony was performed and the father of the respondent went on postponing the said event on one ground or the other stating that days were not auspicious and that she had taken up First Division Assistant examination and KAS examination conducted by the KPSC. Ultimately nuptial programme was held in the last week of November 2006. It is further alleged she has refused to co -operate with him and co -habitat with him, stating that she was not in a mood. In spite of the hostile attitude of the respondent and her father, petitioner waited for her nod in order to co -habitat with her, but she never co -operated with him in regard to physical relationship. She had even gone to the extent of insisting him to undergo HIV test stating that unless she was convinced that he had not been infected with HIV virus, she would not allow him to co -habitat with her. In spite of HIV report, she was not satisfied and insisted him to undergo ELISA Test and other tests. He had to pay in all a sum of Rs. 5,00,000/ - to her father in order to get over his financial crisis. Later on, he had arranged for separate house at Hebbal in Bangalore and had taken her to his new house at Bangalore. She started living with him and she continued the earlier attitude subjecting him to various types of mental cruelty. On the night of 18.12.2006 the parents of the respondent along with the Uncle of her father came to Bangalore and forcibly took her with them without assigning any reasons. Since then she has not returned inspite of his several requests. On 25.01.2007 he received a telephone call from the father of the respondent that respondent had been admitted to K.R. Hospital, Mysore since she had consumed poison. Then he immediately rushed to hospital at Mysore and came to know that there was no danger to her life.

(3.) THE engagement ceremony of the younger brother of the petitioner was scheduled to be held at K.R.S. on 26.07.2011. At the instance of the respondent and her father, some police constables came in civil dress and disrupted the engagement ceremony, but any how the engagement ceremony went on. She even tried to disrupt the marriage ceremony scheduled in the month of February 2008. According to him, the respondent went to the extent of even filing a false complaint of dowry harassment against him and his parents and even got them arrested and as a result of the same, they were remanded to judicial custody. According to him, false complaints were filed by her to wreak vengeance. As there was no chance for reconciliation, he got issued a legal notice on 23.01.2008 and notice was returned unserved with an endorsement 'not claimed'.