SHOBHA A.N. Vs. T. MAHESH REDDY

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed by the wife against the judgement dtd. 16/4/2012 passed by the Family court, by which petition filed by the respondent under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) has been partly allowed and the marriage between the parties has been dissolved by a decree of divorce on the ground of cruelty.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was performed on 5/7/2007 in Bangalore and was subsequently registered on 31/5/2008. Out of the wedlock, a daughter was born on 26/4/2009.

(3.) The respondent husband filed a petition seeking dissolution of marriage inter alia on the ground that after the marriage, the appellant stayed at the matrimonial home for a period of two months and after the birth of the daughter neglected the respondent and did not join the matrimonial home despite Panchayat being held in the month of April 2010. It was pleaded that the appellant left the matrimonial home on 15/5/2010 without any reasonable cause and thereafter did not join the respondent. It was pleaded in the petition that the appellant was not interested in leading the matrimonial life with the respondent. On enquiry being made, the respondent learnt that the appellant was not ready to marry the respondent. However, agreed to do so, as she did not want to disobey her parents. It was averred that the appellant used to go to her parents house every weekend and never spent a single weekend with the respondent. It was also averred that the appellant also misbehaved with the respondent as well as his parents and threatened the respondent that she would commit suicide.