VINOD ALOYSIUS MIRANDA Vs. ANGELINE SYLVIA SOPHIA MENEZES

JUDGEMENT

(1.) THE present appeal is filed under Section 19 of Family Courts Act challenging the order passed by the Learned Judge of the Family Court, Mangalore in M.C. No. 152/2012 clubbed with M.C. No. 245/2012 dated 3.8.2013.

(2.) THE appellant -husband herein was the respondent in M.C. 152/2012 filed against him by his wife for decree of divorce on the ground of desertion and cruelty. The respondent -husband herein had filed M.C. 245/2012 for restitution of conjugal rights. M.C. 152/2012 has been allowed and decree of divorce has been granted on the ground of cruelty and M.C. 245/2012 has been dismissed for relief of restitution of conjugal rights. Hence, the present appeal is filed by the husband.

(3.) THE parties are Christians and their marriage had been solemnized as per the customs of their religion. The petitioner is a widow and respondent is a divorcee. Their marriage was solemnized on 21.10.2009 at St. Jude Shrine Pakshikere in the presence of friends and relatives and it was an arranged marriage. After the marriage, the respondent started to live in the house of the petitioner at Kottara -Mangalore till February 2010. It is the case of the petitioner that both of them lived together happily in Bejai and after sometime, the respondent started changing his attitude towards her. The respondent used to come home fully drunk at odd hours and used to abuse the petitioner in filthy words and at times, he used to assault her is the allegation. The petitioner's further case is that respondent started extracting money from her by causing bodily injury and as a result of which, she suffered mental agony. The petitioner is stated to have tolerated all his behaviors hoping that he would mend himself. He is stated have deserted her on 4.2.2010 and has been residing in his house.