KUMUDA Vs. SRINATH S.

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against judgment dtd. 25/4/2013 passed by the family court by which the marriage performed between the parties on 24/10/2007 has been dissolved by a decree of divorce on the ground of cruelty.

(2.) Facts leading to filing of this appeal briefly stated are that the marriage between the parties was an arranged marriage which was performed on 24/10/2007. After the marriage, appellant and the respondent went to Ooty, Kodaikanal and Mysore. On or about 1/1/2009, the respondent filed a petition under Sec. 12 and 13(1) (i-a) of the Hindu Marriage Act , 1955 (hereinafter referred to as 'the Act' for short). It was averred in the petition that appellant never behaved like a newly wed girl and never evinced any interest in being with the respondent. It was further averred that appellant kept herself away from the respondent and never allowed the respondent to have physical contact. It was further averred that appellant did not wear mangalsutra and used to behave violently.

(3.) It is the case of the respondent that the appellant never took the responsibility of cooking the food at home and she used to lock herself inside a room for 4 to 5 hours and used to shout. It was pleaded that appellant broke a big mirror, which was fixed on the door and another plastic chair. It is the case of the respondent that appellant used to shout continuously to 2.5 hours to 5 hours. It was averred that on 17/6/2008, the appellant got up early and started shouting continuously for 5 hours and threw all the vessels in the kitchen and spoiled food items. On 24/7/2008, the appellant broke the remote of the television. It was also pleaded that appellant used to sleep for long hours and was not even interested to have food in time. It is also averred that the marriage between the parties has not been consummated. Accordingly, a decree under Sec. 12 as well as Sec. 13(1) (i-a) of the Act was sought.