BALESH G. KAMKAR Vs. ASHA

JUDGEMENT

(1.) THE husband has preferred this miscellaneous first appeal against the order passed by the Senior Civil Judge, Holalakere granting a decree for restitution of conjugal rights.

(2.) FOR the purpose of convenience, the parties are referred as they are referred to in the original proceedings.

(3.) AFTER service of notice, respondents entered appearance by engaging a counsel and filed statement of objections denying all the allegations made in the petition. He denied that he and his mother have used abusive language against the petitioner. He stated that he has sent a reply on 06.07.2013, to the legal notice sent by the petitioner. In the reply, it is stated that the marriage was performed by the respondent's parents in a grand manner. He has not received anything from them at the time of marriage, neither cash nor gold. He lived with the petitioner only for few months after the marriage. The respondent without any reason was going to her parents' house frequently. She also demanded to have a separate residence away from his parents. He has further stated that she was not assisting his mother in the household work. She was only having food in the house and relaxing. In spite of showering his love on her she was not heeding to his advice. She was always quarrelling with him and she even lodged a Dowry complaint against his father and mother. In spite of it, the respondent called her mother and father and asked them to advise her and she was advised through her elders in the family. Therefore, in May, 2011 he set up a separate house in Ganesh Villa Apartment at Belgaum. Still the petitioner was quarrelling with the respondent. She was demanding for divorce. In 2011, December, she deserted him and took away all the sarees and ornaments. Thereafter Panchayats were held. There was no result. He was insulted. When she sent a legal notice to him, in reply to that, he gave a dead line of 7 days for her to come and join him and he also filed M.C. No. 251/2013 for restitution of conjugal rights. After filing of the petition, he called her over the phone several times and attempted to contact her but she refused to speak. She has not cared for the Panchayatdars. He further states that though she had no intention to live with the respondent, with an intention of harassing him, she filed Criminal Misc. No. 271/2014. Thereby she has inflicted mental cruelty on him. Therefore, he sought for dismissal of the application.