M. NAGENDRAPPA Vs. LAKSHMIDEVI

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 arises out of judgment dtd. 12/10/2012 by which petition filed by the appellant / husband seeking dissolution of marriage on the ground of cruelty and desertion has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that the appellant and the respondent got married on 19/12/1992 as per Hindu Customs and Rites. There is no child born out of the wedlock. It is the case of the appellant that after leading a happy married life, in few years, the respondent exhibited real colours verbally and emotionally tortured the appellant in front of his family members and did not perform the duties as a wife. The appellant filed petition seeking dissolution of marriage on or before 10/11/2021 inter alia on the ground that in the month of April, 2008, the respondent voluntarily left the matrimonial home and despite efforts being made by the appellant has not joined the matrimonial home. It was pleaded that respondent used to emotionally torture the appellant in front of his family members and did not cook food. It was also pleaded that the appellant used to pick up the fights without any cause and ill treated the appellant. Accordingly, the appellant sought dissolution of marriage on the ground of desertion and cruelty.

(3.) respondent filed statement of objection, in which the relationship between the parties was admitted. However, the assertion made on behalf of the appellant that respondent used to abuse him in front of public in general and did not cook food was denied. It was further pleaded that after marriage, the respondent stayed with the appellant as a dutiful housewife. It was also pleaded that the appellant abused the respondent as she did not beget the child. It was also pleaded that since, the appellant intended to marry another lady, he used to harass the respondent.