VIJAYALAKSHMI. G.U. 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. The appellant was the respondent in the Trial Court and the respondent was petitioner in the Trial Court. Parties will be referred to as petitioner and respondent as per their status in the cause title of the Trial Court.

(2.) THE petitioner is the only son to his parents and respondent is a Law Graduate. After the solemnization of their marriage on 24.04.2004, respondent started living with the petitioner and did not take any interest in the family affairs. She was picking up unnecessary quarrels with the petitioner for silly reasons and was in the habit of going to her parents house frequently and stay for long time. Her behavior was adamant and at times assaulted the petitioner. She had insisted him to make a separate house so that she alone could live with him. The mother of the petitioner did not have good health and she was very much worried about her son's plight and lost her breath on 19.01.2007. Her attitude caused mental agony and severe cruelty to the petitioner and as such, he chose to file a petition seeking divorce on the ground of cruelty.

(3.) PETITIONER has been examined as PW 1 and his father has been examined as PW 2. In all 16 documents have been got marked. The respondent has been examined as RW 1 and no documents have been got marked on her behalf.