RADHA M.S., LECTURER, DEPARTMENT OF SOCIOLOGY, MAHAJANA COLLEGE Vs. KRISHNA MURTHY, CHAIRMAN, DEPARTMENT OF GEOGRAPHY, MANASAGANGOTHRI UNIVERSITY OF MYSORE

JUDGEMENT

(1.) THE parties were married on 29.8.2003 at Mysore. After the marriage, the wife joined the husband and resided with him. Initially she was behaving properly. But within a few days he observed a strange character. According to the husband, she was over possessive and fickle minded. He came to know that she was mentally ill, embarrassing and suffering from serious mental disorder. Her character inside the house and outside was abnormal and because of the same she caused mental tension and agony to him. It is further case of the husband that the wife would treat him with cruelty. A number of instances were narrated by him wherein behaviour of the wife was made known; that the wife was objecting the respondent husband to meet his daughter from first the wife and other relatives and friends; that she has even gone to the extent of coming to the work place of the respondent and causing galata; that complaint was lodged not only by him but also his colleagues in the office along with several other complaints lodged by him. Ever since 2005 they have been living separately. In the circumstances, he filed a petition under Section 13(1)(a) and (iii) of the Hindu Marriage Act, 1955 (for short "the Act"), seeking divorce against the wife. The family Court by the impugned order by exercise of its powers under Section 13 -A of the Act granted a decree for judicial separation. Hence, the present appeal by the wife.

(2.) LEARNED counsel for the appellant contends that the impugned order is bad in law and requires to be set aside. That there is no material established by respondent -husband to sustain the impugned order. That the husband has failed to establish his case. That the order passed by the Family court granting judicial separation is wholly incorrect. The evidence is contrary to the findings recorded by the Court.

(3.) HEARD learned counsels and examined the records.