GANGASHANAIAH Vs. PUSHPALATHA

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) has been filed against the judgment and decree dtd. 29/1/2016 passed by the family court, by which the petition filed by the respondent / wife under Sec. 13 (i-a) of the Act has been allowed and the marriage between the parties has been dissolved by a decree of divorce.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 8/7/2007 at Kunigal. After the marriage, the respondent joined the matrimonial home and the parties lived with each other in the matrimonial home. Thereafter, the parties started living in a rented accommodation.

(3.) The respondent / wife filed a petition on or about 24/11/2014 under Sec. 13 of the Act seeking dissolution of marriage on the ground of cruelty. It is averred in the petition that the appellant used to beat her unbearably and did not provide her food and cloth and did not want to earn to maintain her. It was further pleaded that after the marriage, the respondent / wife realized that appellant is a habitual drunkard who finds pleasure in beating and harassing the respondent. It was also pleaded that the appellant used to beat the respondent under the influence of alcohol. It was further pleaded that since there was no cordial and normal relationship between the parties, accordingly, the respondent / wife sought dissolution of marriage. The respondent entered appearance and filed statement of objections, in which the relationship of the respondent was admitted. It was further admitted that after the marriage, the parties resided together and thereafter, shifted to a rented accommodation. However, the allegations levelled by the respondent with regard to the cruelty were denied by the appellant.