K.N.VIJENDRA Vs. ASHA

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act, 1955, has been filed against the judgment and decree dtd. 17/12/2016 passed in M.C.No.22/2011 by the Addl. Senior Civil Judge and JMFC, Sagar, by which the petition filed by the appellant seeking dissolution of marriage, was dismissed.

(2.) Brief facts giving rise to filing of this appeal are that the marriage of the appellant and respondent was solemnized on 21/5/2009 at Balambat Hall, Mangalore, as per the customs and rituals. It is pleaded that the couple lived together for sometime. The respondent was quarrelsome and doubtful by nature and used to threaten the appellant which caused mental harassment. It is averred that respondent has assaulted the appellant's mother, made false allegations against his married sister. It is further averred that the respondent compelled the appellant to set up a separate house, despite appellant agreeing to the same she had not changed her attitude. She left the matrimonial home abruptly, deserting the appellant and started living with her parents, which caused mental shock to the appellant's father and he died on 24/5/2011. The respondent neither attended the funeral ceremony nor did she see the dead body. All the aforesaid acts of the respondent would amount to mental cruelty and desertion.

(3.) The respondent has filed the statement of objection by admitting the relationship between the parties. However, she categorically denies the allegations of desertion and cruelty. It is averred that they led happy marital life for a period of six months in the joint family, gradually the family members of the appellant started ill treating the respondent by coercing her to bring money and gold as dowry, they have treated her as a maid servant, made her to do all household work and did not permit her to go out of the house. It is further averred that respondent's parents made efforts to reconcile the couple, which went in vain. It is pleaded that the appellant and his family members have caused mental cruelty by not providing groceries, left with no other alternative the respondent was compelled to file a criminal case against the appellant. The respondent never deserted the appellant.