SUNIL ABRAHAM Vs. REETH ABRAHAM

JUDGEMENT

(1.) This appeal is preferred by the respondent/husband in M.C.No.4325/2015 against the judgment of the I Additional Principal Judge, Family Court, Bengaluru, dtd. 16/12/2019. Parties were married on 5/5/1982 at Bengaluru under the provisions of the Special Marriage Act, 1954 (hereinafter referred to as 'the Act' for short)

(2.) The petitioner/wife had approached I Additional Principal Judge, Family Court, Bengaluru seeking divorce and registered M.C.No.4325/2020. The respondent/husband had filed counter claim under Sec. 35 r/w. Sec. 22 of the Act praying for Restitution of Conjugal Rights. It was stated in the M.C. petition filed by the wife that the marriage between the parties was a love marriage. Later both petitioner and respondent got into individual jobs. The parties were individually great achievers in the field of sports. They both even started a club called 'SURE Athletic Movement' and trained Athletic in Kanteerava Stadium. The parties had lived together and two children were born in the year 1987 and 1992. The petitioner/wife had preferred the Matrimonial Case seeking Dissolution of Marriage under Sec. 27 (1) (d) r/w. Sec. 31 of the Act alleging cruelty against the respondent. The petitioner/wife further alleged that the respondent was not in good terms with the children. Further it is submitted that the respondent had sent Ex.P15, email to the petitioner and her family members which contained abusive statements against the petitioner. The petitioner further alleged that respondent had admittedly had an extra marital affair with one young girl whom he was coaching and she further narrated several incidents of cruelty and harassment. In one such incident the petitioner had invited common friends for a get together which was not known to respondent, the respondent after knowing about the same broke the bathroom door in which petitioner was present choked her and broke the mirror, the petitioner had to call the police for help.

(3.) The respondent in his contention admitted about the marriage and the birth of the children. The respondent stated that he encouraged the petitioner and trained her to excel in the field. He states that during the stay of the petitioner at the National Camp, he received a letter that the petitioner was regularly seen with a Volley Ball player. He further states that he had to take care of the children single handedly when the petitioner went to for All India Bank events. The respondent contends that, he being a responsible father and thinking of the future of the children filed a counter claim for Restitution of Conjugal Rights. He however, denied the allegations of cruelty and characterized the problems between the spouses as normal wear and tear of matrimonial life.