JAYASIMHA G. Vs. YASHASINI C.

JUDGEMENT

(1.) The present appellant was the petitioner in M.C.No.244/2013, in the Court learned I Addl.Principal Judge, Family Court, Mysuru (hereinafter for brevity referred to as Rs. Family Court'), whose petition filed under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter for brevity referred to as Rs. Hindu Marriage Act'), for dissolution of his marriage with the respondent came to be dismissed. Being aggrieved by the same, the appellant before the Family Court has preferred the present appeal.

(2.) The summary of the case of the appellant in the Family Court was that, his marriage with the respondent was solemnised on 11/10/2010 in accordance with the Hindu customs and rituals at Mysuru. It was second marriage for both the parties. The appellant was staying with his aged parents at Mysuru. Though the respondent after her marriage with the appellant, started residing with him, but, never took care of the parents of her husband properly. Though her mother-in-law was a cancer patient, but, still she was neglected by the respondent. Slowly the appellant began experiencing bitterness and found that the respondent was avoiding his company and that there was no cohabitation between them during the first three months of the marriage. He came to know that the respondent had many broken relationships on account of it. She expressed her depression by means of anger quite often. The respondent had lost her parents at an early age, as such, she was brought up by her aunts, who were very cruel to her and not keen towards her development and personal life. The appellant also came to know that the respondent was suffering with mood disorder since June 2009 and was taking the treatment secretly. When the appellant was having sound sleep, the respondent exhibited aggressive behaviour, abused him, his parents and sister in unparliamentarily words. She was threatening that she would leave his company. She also threatened to kill herself by taking tablets and would lodge a police complaint against him. The mood swings of the respondent had not only affected the marital life of the appellant, but, also his physical health. By medical examination, it was found that the respondent would not become pregnant due to hormonal imbalance and fragile health, thus, his marital life has become miserable.

(3.) In response to the notice served upon her, the respondent/wife appeared in the Family Court through her counsel and filed her statement of objections, wherein she admitted that both she and the appellant were divorcees and their marriage was performed as per Hindu rites on 11/10/2010 at Mysuru. She also admitted that her mother-in-law was a cancer patient. However, she denied all other allegations made against her alleging that she was cruel to her husband. She contended that it was she who took appellant's mother for treatment to Preethi Nursing Home and looked after her before and after surgery conducted by Dr.Anil Thomas. She stated that she never had many broken relationships with men as alleged and it amounts to derogative statement made against her. She also denied that she was taking any treatment since June 2009 towards the alleged mood disorder. She stated that she never abused the appellant and his family members in filthy language. She has never shown disrespect towards her in-laws and caused humiliation to any of them.