KRISHNA KUMAR Vs. PAVITRA GOWDA

JUDGEMENT

(1.) THE judgment and decree dated 22nd November 2012 in M.C. No. 742/2006 passed by the II Additional Principal Judge, Family Court at Bangalore, is under challenge in this appeal.

(2.) THE appellant is the husband whose divorce petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for brevity), is dismissed by the court below.

(3.) THE petition was contested. The wife denied all the main allegations leveled against her touching cruelty and desertion; interdict she contended that she was a victim at the hands of the petitioner and his family members; during her stay with the petitioner in Kyathanahalli till 7.12.2007, she was insulted and assaulted at the hands of the husband and in -laws. She tolerated him. In the month of December 2005 and during first week of April 2003, she suffered injuries due to the assault by the husband and was treated in different hospitals. She has been subjected to cruelty by the husband. The husband and in -laws demanded further dowry of Rs. 2,00,000/ - from her. The husband insisted her for consent for second marriage. Since she did not oblige, she was inflicted with cruelty by the husband and in -laws. He is addicted to alcohol and drugs and was treated at St. John's Medical College Hospital, Bangalore, from 2002 to 2007. On his demand, during December 2005 for dowry, her mother gave him Rs. 50,000/ - and advised him to look after the wife properly. Keeping her under darkness, he has obtained a ex parte decree (subsequently, the ex parte decree was set aside at her instance). Since she did not conceive, in order to go for a second marriage, the husband has filed this petition. He has illicit relationship with one Alsiha Sherpa, the resident of Dubai.