CAPT.ROHITH C G Vs. INDIRA C.R

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955, has been filed against the judgment and decree dtd. 16/3/2017 passed in M.C.No.67/2013 by the Senior Civil Judge, Madikeri, 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 25/5/2006 as per the Kodava Customs. At the time of marriage the appellant was serving in Indian Army and was posted in the State of Assam. It is averred that after the marriage, the couple started living in Mysuru, with the parents of the appellant. The parties lived together for a period of 1 1/2 months. Thereafter, the appellant resumed his duty and after six months the respondent joined him. It is further averred that during the stay of the respondent, she could not adjust with the appellant and his aged parents; when the appellant took the respondent to his work place she was unable to adjust and refused to lead the married life as a life partner. It is also averred that from day one of the marriage, the respondent was not happy to be his life partner. It is also averred after sometime the respondent again joined with the appellant at his place of posting. However, even after long gap, she did not change her attitude and continued to behave in a harsh and unkind manner, even though the appellant tried to advised her. The appellant was unable to bear her uncontrolled temperament and she used to create scene by insulting the appellant and left the house in the year 2008.

(3.) It is pleaded that the respondent came back to the matrimonial home with her family members by apologizing for her misdeeds and by giving a written undertaking. However, after sometime the respondent has again started creating scenes condemning the parents of the appellant frequently by using un-parliamentary words. It is averred that the respondent has no respect to the status of the appellant and she has not allowed the appellant to have cordial relationship with his parents and she has refused to lead marrital life. On 9/2/2012 the respondent gave birth to a female child, thereafter, the appellant performed naming ceremony in a hotel at Mysuru in his own expenditure and went back to his place of posting leaving the respondent with his parents at Mysuru. It is further pleaded that the appellant had called the respondent several times, she has not responded and not allowed the appellant to see the child and despite request to rejoin the residence with his parents, she has refused to do so. Hence the legal notice dtd. 18/10/2012 was sent. However, instead of replying to notice or joining matrimonial home, the respondent has sent a letter to the higher authorities in Army seeking to grant maintenance. Accordingly, a petition was filed seeking decree for divorce on the ground of cruelty and desertion.