NITHIN SHETTY Vs. MANJULA N. SHETTY

JUDGEMENT

(1.) This is an unsuccessful husband's appeal filed against the judgment and decree dated 16th June, 2014 passed in M.C. No. 246/2012 by the Principal Judge, Family Court, Dakshina Kannada, Mangalore dismissing the petition filed under the provisions of Sec. 13(1)(ia) and (iii) of the Hindu Marriage Act, 1955 (for short hereinafter referred to as 'the Act') and allowing the counter claim filed by the wife under the provisions of Sec. 9 r/w. Sec. 23 -A of the Act.

(2.) The appellant/husband filed a petition under the provisions of Sec. 13(ia) and (iii) of the Act seeking dissolution of the marriage against the respondent alleging that he and the respondent got married on 16.2.2006 at Shesha Shayana Hall, Hotel Kidiyoor, Udupi as per the Hindu rites and customs prevailing in their community and out of their wedlock, a child by name Manish was born, who is aged about 5 years; that from the first day of the marriage itself, the respondent was very indifferent and silent; that she was found consuming tablets very often; that when he enquired with her about her abnormal consumption of medicine, she had given evasive answer; that she was showing indifferent behavior and used to sit locked herself in a room and refused to come out and she started behaving as a psycho which caused much worry to the him about the respondent's mental condition and very often she would fall asleep under the influence of drugs she had consumed and due to which he became very much disappointed and she never showed any interest of having sex or to lead marital life; that when he enquired with the family members of the respondent for the reason of her behavior, they brushed aside the matter and did not give any responsive answer. Day by day, the respondent's behavior became worse. She never did any house hold work. She used to sit in one position for hours together staring in one direction and suddenly used to walk to and fro briskly and used to look up and start laughing and cover her face with her hands and all of a sudden, she would start weeping. As such, he and his family members were flabbergasted with the behavior of the respondent and also contended that the respondent used to pick up quarrel with him and his family members without any reason and used to abuse and assault him. After fighting with everyone, she used to lock herself in the room and threaten to commit suicide making him and his family members live in fear. It was alleged that the respondent was not at all interested in having any physical relationship with him and used to lie down like a log without any emotions, due to which though the marriage was consummated there was never any feelings involved in the consummation. He also contended that he took her to KMC Hospital, Manipal where she had taken treatment earlier. In spite of his best efforts to get the respondent back to normal and the doctor prescribed medicines, but the respondent used to throw the tablets and that she was suffering from fear psychosis and used to have doubts about everyone. He also alleged that the mother of the respondent had committed suicide in the year 2002 as she was suffering from severe depression and her grandfather also committed suicide and there is no matrimonial relationship between him and the respondent, etc., and therefore, filed a petition for divorce.

(3.) The respondent filed objections before the Family Court admitting the marriage and birth of a male child by name Manisha, who is in custody of her and denied all the allegations made against her specifically stating that she is well educated having completed her M.A. Degree in the year 2005. After knowing each other's family background, marriage was arranged by the elders. The appellant had demanded dowry of Rs. 5 lakhs on 20.11.2005 on the date of engagement itself. Even thereafter, before the marriage, the parents of the appellant visited her house 3 to 4 times and dowry was taken and the entire marriage expenses were borne by her parents. She also stated that on the date of the marriage itself, the appellant had told her that he was not interested in marriage but due to the force of his parents, he had married her and because of the greedy of dowry, he was torturing her mentally and the respondent had broken all her hopes from the appellant. She also alleged that the appellant had taken her to home for 2 to 3 days and after some days, the appellant's father used to propose her to sleep with him and he had guarded that the appellant would not stop him and she need not worry for that. The appellant's father used to threaten her not to disclose the matter with the appellant. The appellant's father used to say that his wife does not have femininity so, he used ask her to sleep with him. The respondent had reported the said matter to the appellant and his mother, but they said that they are helpless since he is the head of the family and there is no use in speaking about the matter. Her mother -in -law told that her husband is a characterless person and he had got relationship with other ladies and he has got one child out of the wedlock. Thus the life of the respondent had become totally miserable, etc.