C.K. SOMASHEKAR Vs. D.R. MAMATHA

JUDGEMENT

(1.) The unsuccessful husband has filed the above appeal against the judgment and decree dated 14th September, 2011 made in M.C. No. 102/2009 on the file of the Additional Senior Civil Judge and JMFC, Chickamagalur allowing the petition filed by the respondent/wife under the provisions of Sec. 13(1)(i) (a) of the Hindu Marriage Act, 1955 and dissolving the marriage between the appellant and the respondent solemnized on 19.2.2006 at Doddanahalli.

(2.) It is the case of the respondent/wife before the Family Court that the marriage between the appellant and the respondent was performed on 19.2.2006 at Doddenahalli village. At the time of the marriage, the appellant was given a two wheeler, ornaments and expenses incurred for the performance of marriage as well as the house hold articles. Since the date of marriage, the appellant was unemployed and used to demand the amount from the respondent by pressurizing her to bring the amount from her parental house. He used to inflict physical and mental cruelty to the respondent and drove her out of the matrimonial house. The respondent appeared for the examination to the post of 'Police Constable' and ultimately succeeded and got a job as a 'Police Constable'. The appellant used to abuse the respondent with filthy language alleging that she had illicit relationship with her colleague officials. He also came to the training centre at Mysore, where the respondent was undergoing police training and behaved in an uncivilized manner.

(3.) It was further case of the respondent that after training, when the respondent was working at Banakal Police Station, the appellant used to visit there and pick up quarrels with her and used to give intolerable physical and mental torture to her. He used to threaten her through telephone and abused her with filthy language. Due to all the said acts of the appellant, the respondent's father's health condition deteriorated. When the respondent became pregnant, the appellant was treating her cruelly; that when she had been to her parental house, the appellant came there and assaulted her and dragged her 'Tali' because of which, the respondent was admitted to the hospital. The matter was referred to the Arasikere Police, who tried to settle the dispute between the appellant and the respondent. After coming out of the police station, the appellant abused the respondent and threatened that he would take the child forcibly. It is impossible for the respondent to continue the matrimonial relationship with him. Therefore, she filed a petition seeking decree of divorce by dissolving the marriage between them.