GIRIGOWDA Vs. GAJALAKSHMI

JUDGEMENT

(1.) THIS is the husband's appeal against the order passed by the Family Court dismissing the petition for divorce on the ground of cruelty and desertion.

(2.) FOR the purpose of convenience, the parties are referred as they are referred to in the petition.

(3.) HE used to leave the house at 8.00 a.m. to attend to his duty and used to return by about 7.00 p.m. She never bothered even to prepare a coffee for him. She was totally indifferent. After six years of stay in Bangalore he was transferred to Mysore in the year 1993. At Mysore they stayed together up to September 2002. From there he was transferred to Chamaraja Nagar. The relationship between him and his wife in all these years was not cordial. When his mother had a fall and sustained injuries in the village, he brought his mother to Mysore in order to provide her necessary medical care, but the respondent restrained him from going to his native village to bring his mother for treatment. When his mother came to Mysore, she did not allow her to stay with them and hence his mother was forced to take shelter in the house of one of his relatives by name Thimmaiah, in order to undergo eye surgery. When the father of the respondent came to Mysore in the year 2002, he started residing in their house. He started to interfere in his day to day activities. After his father -in -law started residing with them in their house, the family atmosphere has become worse and he stalled instigating his daughter to give unnecessary harassment to him. She and her father assaulted him physically on several occasions. Her father also has not shown minimum courtesy towards him. His father -in -law has behaved like a rowdy element. They started saying him that if he dies, she would get pension and also appointment on compassionate grounds. Unable to bear this torture, he took house for rent in August 2002 and started residing separately.