SHIVANAND Vs. NAGUBAI

JUDGEMENT

(1.) This appeal has been filed under Sec. 28(1) of the Hindu marriage Act 1955 against the judgment and decree dtd. 4/12/2018 passed in M.C.No.44/2013 by the Principal Senior Civil Judge, Bagalkot, by which the petition filed by the appellant-husband seeking for dissolution of marriage on the ground of cruelty and desertion was dismissed.

(2.) Brief facts giving rise to filing of the appeal are briefly stated that the marriage between the appellant and the respondent was solemnized on 16/4/2020 at Hire- gulabal Tanda of Bijapur tanda as per the customs of their community. After the marriage the respondent-wife went to the matrimonial home and started leading marital life with the appellant. After staying 15 days with the appellant she went back to her parents house and she has stayed four days in her parents house and came back to the matrimonial home. It is averred that, the mother of the appellant questioned the act of respondent going to her parents house immediately the respondent started quarreling with the appellant and his mother, the respondent informed that, she intend to stay with the parents and the mother of the appellant should not question the respondent on the said issue. It is further averred that, the respondent has insisted the appellant that, she should resign from his job and he should reside with her in her parents house. However, the appellant has not acceded to her request which has caused the respondent-wife to quarrel with the appellant frequently and use to go to her parents house without informing the appellant or any other family members. The respondent went to her parents house after two years of the marriage without informing the appellant and after two to three days she returned back to the matrimonial home and not disclosed why she has left the matrimonial home. When the said fact was brought to the notice of the parents of the respondent, who have advised the respondent however she has not changed her attitude. It is also averred that after six years of marriage the respondent started behaving like ghost and some time she has told that, she would kill the mother of the appellant if she questions the respondent. The brother of the respondent is residing in Ratnagiri and respondent was also residing with her brother, at that time the respondent has developed illicit relationship with one Sri. Nemu. It is also averred that, out of the wedlock three children have born and respondent never taken care of the children nor prepared food to the appellant and children. After eight years of their marriage, the respondent started to bring lemon and yellow powder to the house and she use to apply the same on her body during the night hours and she threatened the petitioner that if he come near to her he will die and she is like mother to him. These aspects were brought to the notice of the parents of the respondent and elders and she has been taken to hospital, temples and dargas, now the respondent is residing with her parents deserting the appellant and she has refused to come back to the matrimonial home to lead married life with the appellant. She has filed false case for dowry harassment at Bagalkot Rural Police Station and the said case has resulted in acquittal on the ground that the respondent has failed to prove cruelty and dowry harassment and she has also filed cases for maintenance against the appellant.

(3.) The respondent-wife has entered appearance before the trial Court by filing her written statement through her counsel. It is averred that, the allegation of cruelty is denied as false and made without any basis. She has admitted the relationship and birth of the children. However, she has empathetically denied the other averments made in the petition. It is averred that, it is the appellant and her mother use to harass the respondent mentally and physically from the day one of the marriage and the respondent has tolerated such acts with a hope that the appellant would change his attitude and it is averred that the appellant is having illicit relationship with another lady and when the respondent questioned the said relationship, the appellant use to start quarrelling with the respondent and caused mental cruelty to her. Hence, she was forced to file complaint before the Bagalkot Rural Police Station and also filed a petition seeking for maintenance and sought for dismissal of the petition.