R. SWAPNA Vs. P. RAVI

JUDGEMENT

(1.) THE judgment and decree dated 8.1.2013 passed in M.C. No. 58/2008 by the Principal Senior Civil Judge, K.G.F., thereby allowing the petition of the husband and granting decree of divorce against the wife/appellant herein under the provisions of Section 10 of the Indian Divorce Act ('the Act' for brevity), is under challenge in this appeal.

(2.) THE appellant is the aggrieved wife. The respondent/husband filed the petition before the court below contending that the parties were married on 18.4.2008 at K.G.F. as per Christian rites and resided together for a period of 20 days at his residence. During this period, the wife was not co -operative and pin -pricking him with sarcastic comments. The husband left K.G.F. on 8.5.2008 to attend to his duty as a Member of Central Industrial Security Force, Kerala. He came to know that the wife was sick and was taking treatment at St. John's Hospital, Bangalore, which fact was not disclosed to him at the time of marriage. His consent for the marriage was not out of his free consent. In view of the fraud and misrepresentation played on him, he paid Rs. 25,000/ - to the wife to join employment in Health Department, Kuppam. Now she is working and drawing sumptuous salary. She started showing hostility towards him and his family members. She was not punctual in returning to home after work. She used to come home late. She ignored his advises to avoid causing tension and anxiety to his family members. She insisted him to desert his family and join her at Kuppam. His efforts for reconciliation through his family members failed. He issued a legal notice on 18.6.2008 but she sent untenable reply. Her brothers and relatives created unwarranted scene near the workshop main gate and proclaimed to put him behind the bar on a false complaint to the Police. Her persons manhandled and belittled him in front of his colleagues and public. Now she is indulged in alleging of dowry harassment against him and his family members.

(3.) PARTIES entered into trial and were examined as PW -1 and RW -1 respectively. After giving audience to both, the court below allowed the petition by dissolving the marriage of the parties by a decree of divorce.