M.S.VEERESHA Vs. RAMYA.K.E.

JUDGEMENT

(1.) Heard the learned counsel for the appellant.

(2.) This appeal has been filed seeking to assail the judgment and decree dtd. 1/4/2024 passed by the Senior Civil Judge and JMFC, Arakalagud in M.C.No.29/2021. By means of the aforesaid judgment and decree, the petition filed by the appellant under Sec. 13 of the Hindu Marriage Act, 1955[HM Act] for dissolution of his marriage was dismissed with costs.

(3.) From the record it appears that on 13/5/2018, the parties were married at Channabasaveshwara Kalyana Mantapa, Arakalagud Town as per Hindu Rituals and Customs. At the time of marriage, the family of the appellant bore the expenses of Kalyana Mantapa and gave clothes and gold articles to the respondent and the entire expenses were borne by his family members. It was stated that their marriage was consummated on 15/5/2018 and thereafter he took the respondent to his native place at Basavapattana village. It is stated that thereafter respondent refused physical contact and said that she was not interested in the marriage and she was forced by her parents to get married. Thereafter he took respondent to Bengaluru where he is working in a private institution. In Bengaluru too there was no physical contact with the respondent. On 4/7/2018, the parents of the respondent took the respondent to their house for Ashada masa. Thereafter when the appellant asked the respondent to visit a temple, the respondent told him that she had become pregnant. On hearing that appellant raised objection but the respondent told him that child in the womb belongs to him and she threatened to commit suicide if he raises any objection, for which he would be responsible. The appellant was scared as his father is a heart patient and therefore without intimating anyone in the family he kept quiet. Thereafter parents of the respondent took the respondent to the native place of the appellant at Basavapattana and left her there for few days. During that time, it is alleged that against the wish of the appellant, Baby Shower function was performed and then the respondent was taken to her parents place. On 11/4/2019 the respondent gave birth to a male child. The appellant was mentally and physically depressed and remained at home without going to his job. When the mother of the appellant advised him to and meet his wife and child, at that time he revealed that there was no physical contact between him and his wife, but the respondent had become pregnant. When the matter was intimated to the parents of the respondent they quarreled with the parents of the appellant and promised to conduct the DNA test of the child and thereafter they would send the respondent to his home. Thereafter when the appellant requested that DNA test be conducted and called for changing the Aadhar Card, Ration Card and Election ID Card, the same was not furnished and the respondent remained with her parents. The father of the appellant underwent open heart surgery and was suffering from illness. It was stated that since there was no compatibility between the appellant and the respondent, the appellant has suffered mentally.