CHETHANA ALIAS JYOTHI Vs. PRAKASHA

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dtd. 17/3/2016 passed in M.C.No.371/2009 by the IV Additional Family Court, Bangalore, by which the petition filed by the respondent seeking dissolution of marriage, was allowed.

(2.) Brief facts giving rise to filing of this appeal are that the marriage of the appellant and respondent was solemnized on 10/5/1999 at Sri Bhuvaneshwari Kalayna Mantapa as per the customs and rituals. Out of the wedlock two children were born i.e., on 1/11/2000 and 8/12/2006. It is averred that when the couple started living at Bangalore, the appellant started behaving indifferently towards the respondent and other family members, she was always in the habit of abusing his mother and on 16/6/1999, she threw kitchen articles on the mother-in-law and picked up quarrel. The behavior of the appellant was rude, arrogant, disobedient and in the month of January 2000, she left matrimonial home along with her luggage. Later her father has apologized for the incident and then the appellant joined the matrimonial home. The appellant has failed to inform the respondent about the birth of the child on 1/11/2000 and she has not allow him to see the child. It is further averred that on 31/12/2000 the respondent met with an accident the appellant did not take care of him and she was happy about the incident. After the birth of the first child she has refused to return to matrimonial home and at the intervention of elders she rejoined the matrimonial home at Bangalore, however her attitude and behavior had not changed. It is also averred that the respondent has filed M.C. Petition No. 742/2002 for judicial separation, later the same has been withdrawn as the appellant was in good terms with him for some time.

(3.) On 10/8/2007 in the presence of the friends of the respondent, she has refused to offer coffee to him and slapped the respondent. It is pleaded that on 8/12/2006 she gave birth to a female child and left the matrimonial home on 29/12/2006 without informing the respondent and after the intervention of the elders she returned back to the matrimonial home. It is further pleaded that the appellant has filed complaint 17/8/2007 against the respondent for demand of dowry, the same is registered as Crime No.155/2007 which has ended in 'B' Report.