N B RUKMINI Vs. P M SRINIVASA

JUDGEMENT

(1.) This appeal by the respondent-wife is directed against the order dated 10-2-1981 passed by the Civil Judge, Kodagu at Madikeri in H.M.C. No. 14 of 1978 on his file decreeing the petition of the husband for divorce from the respondent-wife, under Section 13(i)(b) of the Hindu Marriage Act.

(2.) The husband-petitioner married the respondent in the petition on 23-5-1969 at Madikeri. After the marriage, according to him, the wife resided with him a, Mathur till 31-12-1970. Thereafter she left the house of the petitioner from Mathur without his consent and against his wishes. She never cared to return thereafter. Qn 12-12-1972 when the petitioner-husband was not in the village, she came in a car and took away all her belongings. In spite of his efforts and persuasion, the respondent did riot come back to live with him as hi,; wife. Rcspendent instituted H. M. C. 3 of 1977 on the file of the Civil Judge, Kodagu, for restitution of conjugal rights. Thereafter he withdrew the said petition and find the present petition for divorce under the Amended Act.

(3.) Respondent-wife resisted the petition while admitting the marriage with the petitioner and that she lived with him for about 1 1/2 years as his wife, she complained that during that period her husband ill-treated and neglected her. He insulted her and made her to stiffer. mental agony. Because of the cruel treatment meted out to her, she apprehended that it was dangerous for her to live with him and that her health would be in jeopardy. Accordingly, with a view to avoid further ill-treatment, the sister of the petitioner-husband Namely, Vimala Vijaya, took her to Bangalore and she lived with her during the year 1971. She denied that the petitioner-husband was not in the house when she came to take her articles. She further averred that the behaviour of the petitioner-husband forced her to leave the marital house and she denied that she had deserted her husband.