NEELAMMA Vs. HANUMANTHAPPA

JUDGEMENT

(1.) The judgment and order dated 4.7.2011 passed by the Senior Civil Judge, Soraba in MC.No.18/2008 is called in question in this appeal. By the said judgment and order, the Court below has allowed the application for divorce filed by the respondent herein in MC.No.18/2008.

(2.) The appellant herein is the wife of the respondent herein. Their marriage was solemnized on 26.6.1993 as per Hindu Customs and Rights in Benageri Village, Soraba Taluk, Shimoga District. The said place is the native place of both the parties. Out of the wedlock three children were born. The first daughter is studying in Final year B.Sc. and the second daughter is studying in First year B.A. as on this day. Though a male child was born, the said male child expired;. According to the respondent herein, the appellant herein started harassing him on one pretext or the other; she used to suspect the conduct of the respondent; she did not co-operate with the respondent for leading marital life; she used to threaten the respondent herein with dire consequences of taking away his life; they lived happily for about four years after their marriage and during which time three children were born; subsequent to four years after the marriage, there was no matrimonial relationship between the parties; for about four years prior to the filing of MC.No.18/2008, according to the respondent herein, the appellant herein started living with her parents permanently; despite repeated requests made by the respondent, she did not come back to matrimonial house to lead matrimonial life.

(3.) MC.No.18/2008 was opposed by the appellant herein, who was the respondent before the Court below. After framing of issues, the parties were permitted to lead evidence. On behalf of the respondent herein, four witnesses were examined and two documents were got marked, whereas on behalf of the appellant, she got herself examined on her side. The Court below on evaluation of the material on record allowed the application for divorce filed by the respondent herein. Hence, this appeal.