HARSHA Vs. BHAGYA

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dtd. 20/1/2012 passed in M.C.No.161/2010 by the Family Court, Mysore, by which the petition filed by the appellant seeking dissolution of marriage, was dismissed.

(2.) Brief facts giving rise to filing of this appeal are that the marriage of the appellant and respondent was solemnized on 22/4/2004 at Mysore as per customs and rites and out of the wedlock a female child was born on 23/8/2005. It is averred that the respondent joined the matrimonial home at Bangalore, where the appellant was working in a private company. It is further averred that after the birth of the child the respondent started showing different attitude towards the appellant and started to quarrel with him and his parents by using unparliamentary words. It is also averred that the respondent used to quarrel and create embarrassment in social gatherings in front of relatives and friends.

(3.) It is pleaded that the respondent was not doing household work, used to misbehave with the appellant and his family members, she was adamant, ill tempered, and she used to threaten the appellant of filing false cases against him and his parents and also threatened to commit suicide. It is further pleaded that respondent used to leave the matrimonial home without informing the appellant and she was in the habit of frequently visiting and staying with her parents and on every occasion, the appellant had to bring her back to the matrimonial home. It is also pleaded that without the consent and without any reason the respondent left the matrimonial home on 5/4/2007 and never came back, hence the appellant had sent legal notice requesting her to rejoin, which went in vain.