SHIVANAND NAGENDRA BETGERI Vs. SHARDA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondent.

(2.) The appellant was the petitioner before the Family Court seeking a decree of divorce against the respondent under Sec. 13(1)(i -a)(i -b) of Hindu Marriage Act, 1955. The appellant and the respondent were said to have been married as per the Hindu Rites and Customs on 27.05.1994 at Belgaum. The appellant and the respondent are said to have resided together till August 2007. They have three children by the marriage, Venkatesh born in the year 1995, Shridevi born in the year 1997 and Raghavendra born in the year 1998. It was alleged by the appellant that from inception, the respondent did not get along with him and was frequently quarrelling with the appellant even over trivial issues and was also suspecting his fidelity.

(3.) It was the appellant's case that the respondent was no longer interested in leading a harmonious married life and that he was even apprehensive of his safety, given the violent attitude of the respondent. Though there were many attempts at reconciliation and meetings held with the assistance of well -wishers and elders, the respondent had maintained an adamant attitude. She was not also showing any affection or concern, for his aged parents. That for over two years prior to the filing of the petition, there was no cohabitation between them and there was no love lost between the appellant and the respondent. It is in that background that the petition for divorce was filed.