LAWS(KAR)-2023-3-249

SHREESHYLA Vs. MAHADEVAIAH

Decided On March 09, 2023
Shreeshyla Appellant
V/S
MAHADEVAIAH Respondents

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955 has been filed against the judgment and decree dtd. 19/1/2013 passed by the family Court by which the petition filed by the deceased- husband, namely, late Sri.Mahadevaiah, seeking dissolution of marriage on the ground of cruelty has been allowed.

(2.) The facts giving rise to fling of this appeal briefly stated are that the parties got married on 8/5/1988. Admittedly from the wedlock two children i.e., son and daughter were born. The children born from the wedlock have attained majority and are admittedly, 30 years and 25 years respectively. They have been arrayed as respondent No.1(a) and (b) in this appeal.

(3.) On 28/8/2007, respondent filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the ground of cruelty. It was inter alia pleaded that appellant had quarrelsome nature and used to abuse and scold the husband. It was further pleaded that at the insistence of the appellant, the deceased-respondent No.1 (hereinafter referred to as 'husband' for short) shifted to a rented house. However, the husband learnt that the wife developed an extra marital relationship with respondent No.2, who used to visit the matrimonial house very often in the absence of the husband. It was averred that on 29/1/2007, when the husband returned from his work, he found the appellant in the company of respondent No.2. When the husband questioned the conduct of the appellant and respondent No.2, the respondent No.2 assaulted the husband, due to which he sustained severe injuries. Despite intervention of the elders and relations, appellant continued her relationship with respondent No.2.