C.P. NAGARAJ Vs. MOHAN KUMARI

JUDGEMENT

(1.) These two appeals have been filed by the husband. MFA No.7455/2015 is appeal which arises from judgment and decree dtd. 30/7/2015 passed in M.C.No.65/2013, by which petition filed by the appellant / husband under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) seeking dissolution of marriage on the ground of cruelty has been dismissed. MFA No.7456/2015 is directed against the judgment dtd. 30/7/2015 in M.C.No.70/2013, by which the petition filed by the respondent / wife under Sec. 9 of the Act seeking the relief of restitution of conjugal rights has been allowed. The parties being common and since, the appeals arise out of a common judgment, they were heard together and are being decided by this common judgment.

(2.) Facts giving rise to filing of these appeals briefly stated are that the marriage between the parties was performed on 20/5/1994 at Mallikarjunaswamy Temple at Yagati. It is not in dispute that there is age difference of 18 years between the husband and wife. The wife is younger to appellant by 18 years. It is also not in dispute that on 4/12/1995, the wife gave birth to a son who is with the appellant.

(3.) The appellant filed a petition on or about 8/2/2012 seeking dissolution of marriage on the ground of cruelty inter alia on the ground that the husband used to scold the appellant and his parents and had a quarrelsome nature. It was also pleaded that the respondent was neither preparing food nor taking care of the son. It was averred that the respondent used to leave the matrimonial home without informing the appellant and would return late in the evening. It was also pleaded that the respondent was not looking after the ailing father in law and was a nagging wife and threatened the appellant that she would commit suicide leaving a death note.