S.G. LATHA Vs. M.V. SRINIVAS

JUDGEMENT

(1.) THIS appeal is filed assailing the judgment and decree dated 18th March 2011 passed in M.C. No. 40/2003 on the file of the II Additional Principal Judge, Family Court at Bangalore, whereby the marriage of the appellant and the respondent is dissolved by a decree of divorce.

(2.) AS the facts unfurl, the husband filed a petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') against his wife seeking decree of divorce. It was alleged that, the parties were married as per the customs on 5.11.2000 and a female child is born on 15.6.2001. After the birth of the child, the wife became non -cooperative. She was very rude and arrogant with her husband and the in laws. She used to abuse her husband in the presence of others and also insulted and abused his parents. Once she assaulted the husband for which he had to go to hospital. She used to drop and break the household articles and neglected the child. Her brother, who is a politician, supported her and put threat to his life and also to the life of his family members. On the request of the wife, a rented house was arranged for their separate living. But the wife put threat to the life of the husband and once attempted to stab him with a sharp edged household article. Hence, he left the matrimonial home in the month of December 2002 and started residing with his parents. There is no safety to his life. Hence, the petition.

(3.) AFTER completion of the pleadings, the couple were examined as PW -1 and RW -1 respectively and documents Exs. P1 to P9 and Exs. R1 to R12 were marked. The trial court after giving audience to both parties granted decree of divorce on the ground of cruelty, however, negatived his case about desertion.