K RADHA Vs. C ASHOK

JUDGEMENT

(1.) THIS is an appeal filed under Section 19(1) of the Family Courts Act, 1984, read with Section 28 of the Hindu Marriage Act, 1955, challenging the decree of divorce passed by the learned II Addl. Prl. Judge, Family Court at Bangalore, in M.C.No.1968/2008. The appellant herein is the respondent in the said case and the respondent in the said case is the petitioner in M.C.No.1968/2008. Parties will be referred to as petitioner and respondent as per their ranking given in the Trial Court.

(2.) PETITIONER is the husband of the respondent and their marriage was solemnized according to Hindu customs on 11.06.1997 in Gangavathi town of Koppal District. After their marriage, both of them started living in Mumbai, since the petitioner was working as a Doctor in Jaslok Hospital. They lived there for four years during which time, the petitioner worked as a Doctor in Leelavathi Hospital, Mumbai also. According to the petitioner, he had to come and settle in Bangalore, due to the pressure of his wife. It is his case that the respondent was teasing him on the ground that the income earned by him was very meager and that he could not fulfill her needs. According to him, the respondent was ill -treating his parents at Mumbai and at times, she used to send them back to their native place. After coming over to Bangalore, he secured a house on rent at Kaggadasapura, Bangalore, and this was not to the liking of his wife, since she wanted a posh bungalow in a posh area. The petitioner could not meet her requirements and in this regard, she was abusing him every now and then. It is his case that she used to ill -treat him in the presence of his friends and guests and thus she was ill -treating him with cruelty. The respondent is stated to have filed a case which was registered in Crime No.71/2008 for the offences punishable under Section 498 -A of IPC and she had even filed a private complaint in PCR No.42/2008 on the file of JMFC, Anekal. She had filed a case under the relevant provisions of Protection of Women from Domestic Violence Act, claiming maintenance of Rs.40,000/ - p.m.

(3.) THE respondent left the matrimonial home threatening that she would put him and his parents behind the bars. According to the petitioner, she is living in adultery and that on 20.04.2002 at about 2.00 p.m. he noticed a man coming out of his house and when he entered his house, he found that the respondent was not properly dressed and on questioning her about the person who left the house, she did not give any proper answer.