SANTHOSH NAGAMMANAVAR Vs. M.S. VANITHASHREE

JUDGEMENT

(1.) THESE two appeals are preferred by the appellant, being aggrieved by the common judgment and decree dated 20 -3 -2011 passed in MC Nos. 259 and 258 of 2008, on the file of I Additional Principal Judge, Family Court, Bangalore. The appellant herein filed MC No 258 of 2008 against the respondent -wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 [for short, the Act], seeking a decree of divorce to dissolve the marriage solemnized between the parties at Bangalore on 8 -5 -2006. MC No 259 of 2008 was filed by the respondent -wife against the appellant herein under Section 9 of the Act for restitution of conjugal rights. The family court clubbed both matters together and disposed by the common judgment and decree.

(2.) ADMITTED facts in these appeals are that: The marriage between the parties was solemnized on 8 -5 -2006 at Krishnapriya convention hall, Kengeri, Bangalore. At the time of marriage, the appellant -husband was working as a doctor in United Kingdom and the respondent -wife, being a BE graduate, was a resident of Channapatna. After the marriage they lived together at Bangalore for a week or so. In the marriage, there are no issues.

(3.) THE appellant -husband has narrated a few instances in the petition, which, according to him, amount to causing mental cruelty. They are She would always sleep in a room all the time, except coming out for food, bath and to watch TV. She never cared for him. Once they went for a shopping in a supermarket, she picked up an almond oil bottle meant for cooking and kept in the trolley, saying that she wanted that for her hair. When the appellant -husband suggested to buy a hair product, she lost total control of her emotion and picked up quarrel in the presence of others. It is also the case of appellant -husband that the respondent -wife was always an adamant and argumentative -type lady. Every now and then, she used to threaten the appellant -husband stating that she would take divorce. On these grounds, the appellant -husband filed the petition for grant of a decree of divorce.