ASHWINI Vs. CHANDAN

JUDGEMENT

(1.) This appeal is filed under Sec. 19(1) of Family Courts Act, 1984 (for short, 'the Act') against the Judgment dtd. 1/4/2022 passed by the Principal Judge, Family Court, Dharwad in M.C.No.338/2019 by which the petition filed by the appellant-wife seeking dissolution of marriage on the ground of cruelty was dismissed.

(2.) Brief facts giving raise to filing of this appeal are that the marriage between the appellant and respondent was solemnized on 19/5/2005 as per the customs prevailing in their community. The appellant-wife moved to Bengaluru to lead marital life with the respondent-husband. It is averred that the respondent- husband brought the liquor bottle to the house and started drinking daily and the respondent forced the petitioner to get ice cubes from the landlord's house, which was uncomfortable for her, as the men in the landlord's house were not decent. It is also averred that when the appellant objected to get ice cubes or when she objected him from consuming liquor, the respondent used to assault her, abuse her in filthy language and forced the appellant for sexual intercourse without her consent. It is averred that to overcome the depression caused by the respondent-husband, the appellant joined private job and started working. The entire salary used to be paid to the respondent. It is further averred that the younger brother of the respondent had joined the matrimonial home in the month of July 2005 and he also started to consume liquor and both respondent and his brother used to abuse the appellant. The younger brother of the appellant also used to sleep in the same room which has caused more mental trauma to the appellant. It is also averred that during the month of August 2005, the appellant conceived, however, the respondent has never got any good food nor taken care of the appellant and the respondent forced the appellant to work during the pregnancy, she was required to attend job and thereafter attend the household work and additional responsibilities of respondent's brother has caused physical as well as mental cruelty to the appellant. It is pleaded that, during 2008 the appellant had serious health problem of excess bleeding and spine problem and the respondent never took her to the doctor, on the contrary he forced her to do household work. It is further averred that the appellant was once again got conceived for the second time and during this time, the appellant was forced to take care of the child and to attend the needs of respondent. It is also averred that when the brother of the respondent informed the same to the parents of respondent, they neglected this issue and never bothered about the appellant's health. It is pleaded that, during the time of second pregnancy the appellant could not get proper food and after the delivery she was forced to stay in her in-laws house at Hubballi and she was kept in locked room and restricted food and water was provided to the appellant and she was compelled to bring water from the bathroom tap which was the utter cruel and inhuman act of the respondent and his family members. It is further pleaded that, in the year 2016 the respondent decided to shift his family to the Karwar, as he could not maintain his family in Bengaluru and even after shifting to Karwar the respondent started consuming alcohol 24X7 and under the influence of alcohol he used to assault the appellant in front of the children, in front of the neighbours and has caused physical and mental cruelty on the appellant. The respondent never allowed the parents of the appellant to come to the matrimonial home or allowed the appellant to go to her parents house. The respondent without informing the appellant has left matrimonial house taking two kids and left those kids on the beach in the company of lunatic person and he went away from the place and the appellant with the help of his friends came back and started living with her parents in their house, and after 2016 the respondent has not allowed the appellant to see the children has caused mental cruelty to the appellant and sought to dissolution of marriage.

(3.) Per contra, the respondent-husband has entered appearance and filed detailed statement of objections denying the averments made in the petition filed by the appellant seeking for dissolution of marriage. It is specifically denied allegations of cruelty and denied that the respondent was in the habit of drinking alcohol. It is averred that, it is the appellant who has failed to perform the duty of dutiful wife and used to quarrel with the respondent on silly reasons. The respondent-husband has filed counter claim, seeking for restitution of conjugal rights, wherein, it is specifically averred that, as per the request of the appellant he has made separate house and took a rented house at Karwar, despite the same the appellant has insisted to stay with her parents at Dharwad and left the matrimonial home. It is further averred that, the appellant is adamant lady and never bothered to take care of the children and in the month of September 2016 without giving any intimation to the respondent or his parents, she has left the matrimonial home leaving behind two children with the respondent and started residing with her parents at Dharwad. The appellant has refused conjugal rights to the respondent-husband, has resulted in mental cruelty to him and sought for dismissal of the petition filed by the appellant and sought to grant Judgment and Decree of restitution of conjugal rights by directing the appellant to join the matrimonial house.