R. RADHIKA Vs. L. NARENDRA BABU

JUDGEMENT

(1.) Aggrieved by the decree of dissolution of marriage granted by the Principal Judge, Family Court at Bangalore, on his file in M.C.No.758/2006 vide judgment dated 20.4.2011, the wife is in appeal before us.

(2.) The husband filed a petition on the ground of cruelty and desertion before the court below. His case was, the parties were married as per Hindu rites and customs. They have a girl child from the said wedlock born on 29.2.2000. There used to be frequent quarrels between the couple due to misunderstanding and they could not reconcile their differences. The wife was creating lot of problem to him and was not willing to stay with him. She was insisting him to stay in her parents' house and same was refused by him. After one year three months of the marriage, she left the marital home for her parents' home and refused to return. Being a milk vendor having limited income, he could not arrange a separate residence away from his parents. Wife had threatened of involving him in a dowry harassment case along with his parents, unless he establishes a separate house. On her complaint, the Police registered the criminal case against him and his parents and the criminal case ended in acquittal of the accused persons vide order dated 31.3.2006. She has caused mental agony and it is impossible for him to lead marital life.

(3.) The wife contested the petition; denied all the allegations leveled against her in the petition. Her defence was, the petitioner and his parents were demanding dowry of Rs.50,000/-, harassed and ill-treated her; they were sending her to her parents' house to get the dowry amount; after the birth of the child, the husband refused to take her and the child back to the matrimonial home without the dowry amount. Finally she was thrown out of matrimonial home on 14.3.2002 at 8.30 p.m. Since then, she is living with her parents. He is running a milk booth and earns more than Rs.20,000/- from his business. She is eager to join the husband and lead marital life. She has obtained order of maintenance from III Additional Family Court.