DEEPAK KUMAR Vs. S.P. MALINI

JUDGEMENT

(1.) The unsuccessful husband/appellant has filed the above appeal against the judgment and decree dated 13.12.2010 made in M.C.No.1182/2005 on the file of the I Additional Family Court, Bangalore allowing the petition filed by the wife/respondent under the provisions of Section 13(1)(ia) of the Hindu Marriage Act for dissolution of marriage dated 12.3.1998 between the parties.

(2.) The facts of the case are: The wife/respondent filed M.C.No.1182/2005 alleging that the she and her husband/appellant, who are Hindus got married on 12.3.1998. Out of their wedlock, a daughter by name Omisa is born on 7.7.2002. At that time, the respondent was employed at Indian Express at Bombay while the appellant was employed with the same company at Bengaluru. The respondent is a Post-Graduate Diploma holder in Journalism and Mass Communication while the appellant is an Engineer. It was contended by the respondent herein that there was difference of opinion from the beginning of the marriage. The respondent's father was employed as an Assistant Director in the Ministry of Labour, Government of India and was posted at Bombay. Both the appellant and respondent set up their matrimonial home along with parents of the respondent at Bengaluru and thereafter, they went to Bombay in the month of April, 1998 to attend a wedding celebration. At that time, the respondent was having her menstrual cycle. Unmindful of it, the appellant woke her up in the middle of the night and insisted for having sex. When the respondent refused, the appellant became very aggressive and accused her for being immoral with the whole world by denying him. The respondent was shocked by the insinuation and went into remorse. The appellant threatened her that he would call her parents and malign her character. Besides he made great insinuations, all of which left a lasting hurt on her.

(3.) The appellant/husband, who was respondent before the Family Court filed objections to the petition admitting educational qualifications of both parties, about the marriage and birth of child and denied all the other allegations made in the petition. He contended that he is not suffering from any mental disorder as alleged by her; the allegations made against him are defamatory in nature; he wants to take criminal action against the respondent/wife. He also contended that he is ready to subject himself to any medical examination before any of the medical authorities. The wife is suffering from mental disorders which always caused him to suffer but the appellant always loved her dearly and always danced to her tunes. The appellant had hundreds of letters of accolades, appreciation, praise, pride, encouragement and collaboration from stalwarts and leaders in the society and the industry and all walks of life. He had been even invited to deliver guest lectures at such altars of knowledge and excellence as the Indian Institute of Management, Bangalore. He had also been invited and persuaded to associate with some of the top universities of the world. He has co-authored or contributed to books by luminaries including a recent one on using IT for Human Development which the petitioner herself had proudly shown off to her friends and relatives. The appellant's last employer was one of the world's top three companies in the area of qualities in software and knowledge industry which had certified the appellant's company, had heaped recognition on him. All these would clearly reveal that the appellant was not suffering from any mental disorders as alleged by the respondent and the respondent is taking advantage of her own wrong. On these grounds he contended that the respondent is not entitled to any relief and prayed for dismissal of the petition.