KUMARASWAMY K.G. Vs. T. BHAGYA

JUDGEMENT

(1.) This appeal is filed under Sec. 19(1) of the Family Courts Act, 1984, against the judgment and decree dtd. 16/10/2015 passed in M.C.No.474/2011 by the Additional Judge, Family Court, Mysore, by which the petition filed by the appellant/husband seeking dissolution of marriage, was rejected.

(2.) Brief facts giving rise to filing of this appeal are that the appellant and respondent got married on 16/2/2009 and out of the wedlock a male child was born. It is averred that the appellant is working as a School Teacher and from the initial stage of marriage the respondent had of quarrelsome attitude. It was further averred that she used to leave the matrimonial home without informing the appellant. It is pleaded that when the appellant questioned the action of the respondent, she used to threaten the appellant that she would file criminal cases against him for demand of dowry. It is further pleaded that on 1/10/2011 the respondent deliberately prevented the appellant from entering the house and also attempted to commit suicide. The appellant, therefore lodged the complaint with the police. It is also pleaded that respondent has lodged a complaint to the superiors at the workplace of the appellant, complaints to police and to the State Woman Commission making reckless allegations against the appellant. It is averred that despite taking care of the respondent with love and affection, she was in the habit of consistently threatening the appellant. It is further averred that respondent used to suspect the character of the appellant without any basis. Such acts of the respondent was unbearable, hence the appellant filed petition seeking dissolution of marriage on the ground of cruelty.

(3.) The respondent did not dispute the relationship between the parties and the birth of the child, however, she denied the pleadings with regard to cruelty. It is averred that respondent insisted, the appellant to arrange for a house near to his place of work, however, he has arranged the residence at Mysore. It is further averred that during her pregnancy, the residence was vacated and after delivery, she has expressed desire to join the appellant. However, the appellant made the respondent to stay in his native place at Kembalalu, Tumkur District. It is pleaded that appellant used to come home very late in the night and he was having an affair with one Smt.Jayalakshmi, who was working as an High School Teacher. It is further pleaded that, whenever, respondent questioned the appellant about the illicit relation, he used to quarrel with the respondent, hence she lodged complaint before Police, Woman Commission and also before the employer of the appellant. It was also pleaded that it is the appellant, who has treated the respondent with cruelty and hence sought for dismissal of the petition.