SRI B.N. GIRISH BABU Vs. SMT. BRUNDA

JUDGEMENT

(1.) THE husband, who is the petitioner had filed a petition for grant of divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act against his wife in M.C. No. 607/2004 pending on the file of 3rd Additional Judge, Family Court, Bangalore which has been dismissed by considered order dated 17.2.2010. It is this order, which is called in question in this appeal. The appellant herein was the petitioner and respondent herein was the respondent in the Trial Court. They will be referred to as petitioner and respondent as per their ranking in the Trial Court.

(2.) THE marriage of the parties was solemnized on 24.8.1989 at Venkateshwara Temple, Vasanthpura, Bangalore according to Hindu Rites and Customs. The respondent is elder to the petitioner. There was opposition from the family members of both the parties and inspite of that they got married as they had known each other while working in the same branch of the Bank. Both the parties led happy marital life and after 6 months, the petitioner underwent a small surgery.

(3.) THE respondent chose to appear before the Trial Court and filed detailed objections admitting the marriage and relationship. It is her case that from 1999, the petitioner started having intimacy with Babitha and started neglecting her. The present petition is stated to have been filed with an oblique motive to obtain divorce and thereby legalize the illicit contact with Babitha. The averment that she consented to sign the joint petition of divorce and in this regard, she had received a sum of Rs. 1,50,000/ - has been specifically denied. According to her, a sum of Rs. 1,50,000/ - received by her was towards amount given by her to the petitioner in the year 2003 to purchase the car. She has emphatically denied the allegations of cruelty. Hence, she had requested for dismissal of the petition.