RANGASWAMY Vs. JAYAMMA

JUDGEMENT

(1.) THIS appeal is filed by the aggrieved husband against the impugned common order dated 29th February 2012 passed in M.C. No. 114/2008 on the file of the Judge, Family Court at Mysore.

(2.) AS the facts unfurl, the husband filed a petition for divorce under the provisions of Section 13(1)(ib) of the Hindu Marriage Act on the ground of desertion. Subsequently, the wife filed a petition for maintenance against the husband under the provisions of Section 125 of Cr.P.C. in C. Misc. No. 204/2008.

(3.) THE wife contested the petition. She denied all the allegations leveled against her in the petition except admitting the relationship. Her case was, her both daughters are under her care and custody; her husband developed bad habits of consuming liquor, gambling and started harassing her apart from demanding additional dowry; he deserted the family and failed to maintain the family members; in his drunken condition, he has assaulted her, subjected her to both physical and mental cruelty; he abandoned them and left them in Doora village and is staying with his parents at Kyathanahalli village; he has married one girl by name Radha of G.B. Sargur Village, Mysore Taluk and leading marital life with her. On coming to know about his second marriage, she filed a complaint before the Police and the case is registered, but so far no action is taken on the complaint. Petitioner is an agriculturist by profession, owns agricultural land and has substantial income. He is guilty of matrimonial office of desertion.