EMMANUEL FRANCIS Vs. ANNA MARY KAVITHA

JUDGEMENT

(1.) THESE two appeals are preferred by the husband challenging the order passed by the Family Court dismissing his petition for divorce and allowing the petition of his wife for restitution of conjugal rights.

(2.) FOR the purpose of convenience the parties are referred to as they are referred to in the petition for divorce filed by the husband in M.C. No. 235/2009.

(3.) IT is further contended that the respondent was not even having control over the expenditure and in the guise of pleasing her family members the unscrupulous expenditure and costly gifts used to be conflicting points of controversy between the couple. The respondent had no fixed timings and she used to wake up as per whims and fancies and she never used to cook any food or serve the morning breakfast and some times she used to wake up in the noon. Whenever the petitioner used to advice, the same used to be intimated to her parental house in a lighting speed and in reply he used to get threatening calls from the family members of the respondent. He tried all the modes of positive attitude, but has yielded no fruitful result. He has contended that initially he has sought for restitution of conjugal rights and at the threat of the respondent's family to lodge police complaint and to get arrested each and every one in the family, the petitioner has no choice but let go the proceedings, which stood withdrawn. Because of the sufferings, he developed suicidal tendency. The petitioner has even compelled to approach police help line who apparently buckled under the pressure of the family members of the respondent. The petitioner is working in the musical band of police force. Even then the respondent prevailed and hence, he left with no alternative to approach this Court seeking petition for divorce. On the Republic Day function in Bangalore when the petitioner was conducting Orchestra wherein the Governor was presiding over the function, the petitioner was attacked by the relatives of the respondent at her instigation and the petitioner was humiliated. He has also suffered with an accident and as such, he claims that in order to get liberty from the sustained cruelty and ordeal inflicted upon him and his family members and in order to live with basic dignity as human being, he claims that he is compelled to file this petition.