SANGEETA BHARAT Vs. M.G. ASHWATH

JUDGEMENT

(1.) THE present appeal is filed against the order dated 25.02.2014 passed in M.C. No. 22/2013 which was pending on the file of the Court of V Addl. Prl. Judge, Family Court, Bangalore.

(2.) APPELLANT herein was the petitioner in the said case and respondent was the respondent in the said case. Their marriage was solemnized on 17.05.2001 according to Hindu customs at Bangalore and after the marriage, the petitioner gave birth to two children i.e., a female child on 11.06.2002 and a male child on 28.01.2006. The case of the petitioner before the Trial Court is that the respondent did not take care of her and her children and did not make any provisions for maintenance of the family. Respondent is stated to have utterly neglected them to maintain and thereby caused cruelty. As a result of the same, petitioner had to take up appointment to look after herself and her children. Even after the birth of the two children he neglected to maintain them. Respondent is stated to be arrogant in his behavior and abused her both mentally and physically. All her efforts to change him failed and as a result of the same, she was forced to file a petition for divorce.

(3.) AFTER going through the records and hearing the arguments the learned Judge has come to the conclusion that the petitioner has failed to prove the allegation of cruelty meted out to her and that the abusive words stated to have been used against her are not mentioned and the instances of cruelty are not established with reference to the nature of the injuries sustained by her and the complaint made in this regard. Ultimately, petition came to be dismissed vide considered order dated 25.02.2014. It is this order which is called in question on various grounds as set out in the appeal memo.