MANJUNATH Vs. P. NETHRAVATHI

JUDGEMENT

(1.) The appellant is questioning the legality and correctness of the judgment and decree passed by the Senior Civil Judge, Harihar Taluk dated 10.10.2011 in M.C. No. 5/2009. Wherein the petition filed by the appellant for grant of decree of divorce on the ground of cruelty and desertion under the Hindu Marriage Act, 1955 [for short, the Act] is dismissed by the court below.

(2.) The appellant is the husband of the respondent. Their marriage was solemnized on 30.11.2006 at Herikallmath Samudaya Bhavan, Honnalli Taluk, Davanagere District. At the time of marriage, the respondent-wife was working as Sub-inspector of Excise Department, the appellant-husband was on training as a probationary police sub-inspector. In the circumstance, even after the marriage, the respondent-wife continued to reside at Honnali along with her mother. Later on, the appellant-husband was posted to Bhadravathi as sub-inspector of police. Then he requested the respondent to join him at Bhadravathi. The respondent did not agree to join the appellant at Bhadravathi. However, the appellant used to travel from Bhadravathi to Honnali as and when time was permitting him.

(3.) In November 2007, the respondent gave birth to a male child. It is the case of the appellant that after the birth of the child, the respondent started ill-treating the appellant and abusing him in filthy language, and also refused to share bed with him and his mother was also not treating properly whenever he visited the house at Honnali. It is also the case of the appellant that a panchayath was convened to persuade the respondent to join the appellant at Bhadravathi. Since she refused to join him at Bhadravathi, he allowed the respondent to reside at Honnali. Thereafter, also she started abusing him in the presence of friends, family members and relatives. According to him, after the marriage, the respondent has visited his native village only once, which is in Hosdurga taluk of Chitradurga district and she has not even visited his house for festivals, on the premises it is a remote village without any amenities.