B S MOHAN KUMAR Vs. B K NIRMALA

JUDGEMENT

(1.) THE appellant is the husband. The appellant filed a petition under section 13 (ia) and (ib) of the Hindu Marriage Act, 1955 (for short, the 'act'), before the Court of the II Additional Family Court Judge, bangalore City (for short, the 'family Court'), for a decree of divorce. The said petition was dismissed by the judgment and order dated 27th november, 1999 by the Family Court. Hence, this appeal by the husband under Section 19 (1) of the Family Courts Act, 1984.

(2.) THE facts stated by the appellant in his petition under Section 13 (l) (ia) and (ib) of the Act, to put it briefly, are as follows: the appellant married the respondent on 5-3-1989 in Bangalore according to Hindu custom and rites and, after the marriage, they lived in Bangalore and out of the wedlock, a child was born on 13-4-1990. At the time of marriage, the parents of the respondent were residing in bangalore. Four to five months after marriage, the respondent started going to the parents' house two to three days in a week. At the time of marriage, the respondent was a student of II year Medical Laboratory technician Course in B. E. S. College, Jayanagar, Bangalore. Appellant bore all expenses of her education and she passed the said Course in the year 1990. Thereafterwards, the respondent started ill-treating the appellant and treated him like a beast. The respondent abused the appellant in most vulgar language. Despite this, in order to sustain the family, the appellant tolerated misconduct of the respondent. After the birth of the child at the parents' house of the respondent, the respondent stayed in parental house for abort 11 months and she did not return to the house of the appellant despite repeated advice and request of the appellant and elders of the family. After a long lapse of 11 months, the respondent joined the appellant and before doing so, without his knowledge and consent, she joined the service of Yellamma Dasappa hospital as Laboratory Technician. After joining the appellant, the respondent expressed her desire to establish a laboratory of her own and requested the appellant's father to provide a room in their house for that purpose. The respondent applied to KSFC for loan of Rs. 46,000/- and for that loan, the appellant stood as surety as requested by the respondent. After securing the loan, on 19-4-1991, the respondent opened the Lab in the name and style "nethra DIAGNOSTIC LABORATORY". After establishing the Lab, the respondent persuaded the appellant's father to give the ground floor to establish a Nursing Home of their own and that request was acceded to by the appellant's father. After a while, the respondent shifted the Lab to a different place on 11-3-1992. Even prior to that event, during the month of October 1991 itself the respondent left the matrimonial house deserting the appellant and started living with her parents along with the child without consent of the appellant. In addition, the respondent deliberately insulted and humiliated him by abusing whenever they happened to meet, quite often in the presence of others. When the matter stood thus, on 1-1-1992 the appellant got issued a legal notice to the respondent calling upon her to join him with the child. On receipt of the said notice, the respondent approached the appellant and insisted that he should set up a separate house and then only she would join him. In the circumstance, the appellant took a separate accommodation on rental basis and the respondent joined him on 15-4-1992 and stayed with the appellant only for about one and half month. During that short period also, the respondent used to leave the house of the appellant quite often without informing him. It is also the allegation of the appellant that the respondent took back the advance amount given to the owner of the house without his notice and went away with all her belongings to her parents' house on 15-6-1992 and, when the appellant contracted her and requested her to come back to matrimonial house, she did not turn up.

(3.) ON 20-8-1992, the respondent sent reply to the notice dated 1-1-1992 got issued by the appellant making false allegations against the respondent. On 22-8-1992 the respondent lodged a complaint with the Commissioner of Police, Chief Minister, Home Minister, Ladies police Cell, Tilaknagar Police Station and Koramangala Police Station, making false allegation of dowry harassment. The local police, having been satisfied that the allegations made by the respondent are false, advised the respondent to join the appellant, but she refused. On 25-8-1992 the respondent addressed a letter to the President of the employees' Union, SKF Bearings India Limited, making similar allegations against the appellant. Again, on 9-7-1993, the respondent lodged a complaint with the Koramangala Police making allegations of dowry harassment against the appellant. As if that is not enough, the respondent went on writing letters to the superiors of the appellant in the department making unfounded and false allegations. Being convinced that there was no point in continuing his relationship with the respondent and it was practically impossible to lead a life of husband and wife with the respondent in view of the repeated acts of mental torture meted out to him, the appellant filed a petition under Section 13 (1) (ia) and (ib) of the Act seeking divorce.