P.S.HARISHA Vs. S.K.NITHYASHRI

JUDGEMENT

(1.) The present appellant was the petitioner in M.C.No.170/2018, in the Court learned I Addl.Prl.Judge, Family Court, Tumakuru (hereinafter for brevity referred to as 'Family Court'), whose petition filed under Sec. 13(1)(ia) and Sec. 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter for brevity referred to as 'Hindu Marriage Act'), for grant of decree of divorce dissolving his marriage with the respondent which was solemnised on 10/11/2013, came to be dismissed vide judgment of the Family Court passed in M.C.No.170/2018, dtd. 20/2/2021. Being aggrieved by the same, the appellant/ petitioner before the Family Court has preferred the present appeal.

(2.) The summary of the case of the appellant in the Family Court was that the respondent is his wife, whose marriage inter se was solemnised on 10/11/2013 at DNDS Kalyan Mantapa, near Batawadi, B.H.Road, Tumakuru. Neither the petitioner nor his family received any dowry from the respondent's family at the time of the marriage. Both the parties to the marriage incurred the marriage expenses. At the time of his marriage with the respondent, he gave to the respondent 40 grams golden mangalya chain and one diamond platinum ring. The parents of the respondent gave him a golden neck chain weighing 12 grams and a golden bracelet. Fifteen days after the marriage, he went to the country called Canada on his work and returned to India in the month of March 2014. Both, petitioner and the respondent thereafter came to Bengaluru and started residing at Bengaluru by establishing a home here.

(3.) After three months of their living together at Bengaluru, the respondent started to suspect him that he had illicit relationship at Canada and used to pick up quarrel with him and also insulted him by her harsh words and she started neglecting him and practiced cruelty upon him. She was not preparing the food and was frequently abusing him. She by her words spoken and the acts made it clear to him that she has no love or affection towards him in her heart. It is further the contention of the petitioner that, himself and his family members adjusted with the attitude of his wife i.e., the respondent hoping that she would improve and mend her attitude in the near future. The respondent instead of mending her attitude, attempted to commit suicide thrice. Fortunately, she was rescued by him and his parents with great difficulty. Thus, his entire marital life was with total unhappiness. He further contended that even after changing the place of house at Bengaluru also and from there to Tumakuru, once again, the respondent did not mend her attitude. On the other hand, she made it clear and shown that she is not willing to lead a happy marital life with him. She also insulted him in front of his relatives and other people by making use of filthy language. A panchayath was held in that regard, at the advise of which, the respondent was sent to her parental house at Sira, however, after few days though he called her back, she did not return to his home. Thus, they have been residing separately and there is no chance of cohabitation between them since more than two years. Stating that the respondent has left her matrimonial home and withdrawn her society from him without any reasonable or proper cause and thereby has deserted him, as such, it is not possible for them to live together, except taking the divorce, he has prayed for allowing his petition.