SHASHIKALA Vs. BALAKRISHNA G.

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dtd. 16/8/2016 passed in M.C.No.1504/2014 by the V Additional Principal Judge, Family Court, Bengaluru, by which the petition filed by the respondent seeking dissolution of marriage, was allowed.

(2.) Brief facts giving rise to filing of this appeal are that the marriage of the appellant and respondent was solemnized on 28/10/2006 at Hemavathi Kalyana Mantapa, Thalagattapura, Bangalore, as per the Hindu customs and rites. Out of the wedlock two female children are born viz., Gangashree on 17/8/2008 and Ashwini on 18/5/2010. It is averred that the appellant/wife used to abuse the respondent in filthy language, never used to cook food for the respondent and his parents and she has neglected the matrimonial home. It is further averred that the appellant was quarrelsome and used to harass the respondent's aged parents, she used to threaten that she would file police complaint against the respondent and his parents and she has forced the respondent to arrange a separate house. It is also averred that despite arranging a separate house, the appellant continued her harassment to the respondent and she left the matrimonial home without the knowledge and consent of the respondent, leaving the elder daughter in the matrimonial home. It is pleaded that the appellant has deprived the conjugal rights to the respondent without any justification and she has refused to join the matrimonial home from 2009 onwards despite making all the efforts to bring the appellant back to matrimonial home.

(3.) The appellant has entered appearance before the Family Court and filed the statement of objections. The appellant has admitted the relationship between the parties and birth of the children. The appellant has specifically denied the allegations of cruelty and desertion. It is averred that the parents of the respondent used to harass the appellant by demanding dowry, they used to find fault with the appellant for silly reasons. It is further averred that the respondent used to abuse and assault the appellant for demand of dowry, the respondent used to act as per the instructions and dictate of the parents. It is also averred that after the delivery of the second female child, the appellant informed the birth of the child to the respondent and his family members, however, they have not come forward to see the child and after three months of delivery, the appellant went to the respondent's house, but the mother of the respondent has not allowed the appellant to enter the matrimonial home. It is contended that the appellant's parents had convened a panchayat, and the respondent has agreed to take back the appellant to the matrimonial home, however he has failed to fulfill promise. It is pleaded that the respondent is calling the appellant over the phone and threatening her to give divorce.