H V NAGENDRA Vs. M M SINDHU

JUDGEMENT

(1.) THESE two appeals are preferred by the husband challenging the common order passed dismissing the petition filed by the husband for divorce and allowing the petition filed by the wife for restitution of conjugal rights.

(2.) FOR the purpose of convenience the parties are referred to as they are referred to in the divorce petition.

(3.) PETITIONER H.V.Nagendra married to respondent Smt. M.M.Sindhu on 06.12.2000 at Bangalore. In the initial stages they lived happily along with the parents of the petitioner. The allegations in the petition is, suddenly at the provocation of her mother and father who went on misguiding the respondent started to behave indifferently and also demanded for establishing a separate house. The petitioner opposed for the same and thereafter the respondent started to harass the petitioner. Time and again the respondent started chiding the petitioner saying that as you have married her without any dowry, he must be having some deficiently, etc., to cause him maximum mental pressure and tension. Further, she was chiding him often that with her MBA Degree she was capable of earning more than the petitioner. Her parents also told that with their influence they could secure a job fetching around Rs.15,000/ - to Rs.20,000/ - per month. The respondent has been non -cooperative with the petitioner. During the month of June and July 2001 the respondent went to her parents house for Ashada Masa, she did not come back to the petitioner, in spite of the petitioner and his father went to her and requested her to come back. Her parents also refused to send her. They also told the petitioner that the respondent was not interested in the petitioner. However, at the instance of the well wishers she came to the petitioner on 27.09.2001 at 9.30pm. She stayed for only 3 days thereafter and again went to her parents house on 01.10.2001 at 12.30AM causing tension and anxiety to the petitioner. His pleading for 5 1/2 hours with the respondent to stay back with him did not yield any result. The request for the stay of respondent on safety ground as it was midnight was also not considered. This was done by the respondent only to intimidate and harass the petitioner. She also stopped discharging marital obligations towards the petitioner and subsequently she never turned up. Petitioner time and again approached the respondent over phone and personally for reconciliation and the respondent had been irresponsible even in replying and she never cared to join him. The only aim of respondent is to compel the petitioner to have a separate residence which could not be accepted in view of the fact that the petitioner is the only son of his parents who are aged and need the support. Parents of the respondent are also not cordial with the petitioner whereas the parents of the petitioner have been very cordial and affectionate towards the respondent. On 30.09.2001 the parents along with the respondent's maternal uncle and two others came to the petitioner's house and created scene. The respondent also joined them and she went on abusing the parents of the petitioner. It has affected the prestige and reputation that is being commanded by the father of the petitioner who is a respectable gentleman retired from Government service. The same has resulted in disrepute to the family. The above said behavior of the respondent, non -cooperation and desertion has resulted in mental torture to the petitioner. The petitioner also has lost some benefit in the employment. The respondent also did not care to inform regarding the birth of baby girl. All these facts have resulted in cruelty which the petitioner is not in a position to bear and sustain. The legal notice dated 13 -06 -2002 came to be issued but she did not comply with the demand made therein. Therefore, petitioner has filed petition for dissolution of the marriage under Section 13(i)(ia) of the Hindu Marriage Act on the ground of cruelty.