SANDYA Vs. H.R. YOGESH

JUDGEMENT

(1.) THE judgment and order dated 21.9.2011 passed by the Principal Judge, Family Court, Bangalore, in M.C. No. 3487/2010 is called in question in this appeal.

(2.) THE appellant is working as a Senior Officer in the State Bank of India. She married the respondent on 30.4.1995 as per the Hindu customs at Chikkamagalur. Out of the wedlock, two children were born, i.e. a daughter and a son. The daughter was born on 24.4.1996 and the son was born on 6.2.1999. It is relevant to note that the respondent is working as an Officer in the Life Insurance Corporation of India.

(3.) AFTER the differences arose between the parties, the appellant started living separately along with two children. As of now, the daughter of the parties has attained majority and the son is aged about 16 years. They are being looked after by the appellant herein. Number of allegations are made by the appellant against the respondent. Both the material found in the Memorandum of Petition as well as the evidence of the appellant before the Court below have remained un -controverted. The sum and substance of the case of the appellant is that the marriage between the parties is broken irretrievably and there are no chances of re -union among the parties. The evidence of the appellant would reveal that the respondent did not improve his conduct despite repeated requests and advice of the elders. He used to harass the appellant in a severe manner and made her to suffer mentally and physically. Though the car is used by the respondent, the entire loan of the car was cleared by the appellant. The respondent is not showing any affection towards the children and he has failed to maintain them. On the other hand, the appellant has been maintaining children affectionately looking after their daily needs and their education. The respondent has cultivated several bad habits like playing cards, consuming alcohol regularly without heeding to the words of the family members.