SHILPA W/O PRAVEEN Vs. PRAVEEN S.R.

JUDGEMENT

(1.) The appellant/wife is aggrieved by the decree of divorce granted by the Principal Judge, Family Court, Bellary (for short 'the Family Court') on his file in Matrimonial Case No.221/2013 dated 30.10.2014 thereby dissolving her marriage with the respondent/husband.

(2.) Succinctly stated, the husband filed a petition for divorce before the Family Court under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'), alleging that the parties were married as per their customs on 1.12.2011 at Bellary. At the relevant point of time, he was working as Software Engineer at Bangalore and wife had M.C.A. graduation. Marriage was consummated and wife joined him at his parents' house at Bellary. They went out on a honeymoon from 12.12.2011 to 16.12.2011 and stayed at Munnar and Alleppi. On 15.12.2011, husband told the wife to stay at her parents' place for a period of three months, so that he can look out for a house for their stay at Bangalore. Immediately the wife became wild, locked the door from inside and did not open it for more than two hours. When he tried to open the door forcibly, she threatened him to commit suicide. Immediately he contacted her father and only after her father advised her over phone, the wife regained her normal senses. They returned to Bellary on 17.12.2011 via Bangalore. At the Bangalore Bus Stand, the wife started walking with bare feet like a drunken person leaving behind the luggage and footwear. She regained senses only after the husband alerted by shaking her vigorously. After returning to Bellary, at her instance only, she was taken to a lady Doctor since she complained that she has become pregnant but the test for pregnancy proved negative. She was reluctant for sexual intercourse under the pretext that somebody is watching them through the windows. If the windows were closed, then she would start telling that somebody is knocking the door. If he tried to convince her that there is nobody to knock the door, she would start telling that she is hearing some voice asking her not to have sex, as it is sin. She used to behave indifferently in an unusual and irresponsible way. During the first week of January 2012, once she was found standing in front of gas stove by turning on the knob and without lighting the gas. He was working at Bangalore and was visiting Bellary during weekends and Government holidays. When he came to Bellary on 14.1.2012, she expressed her desire to accompany him to Bangalore. When he expressed his inability to shift the house immediately to Bangalore since he did not get a house at Bangalore, she started complaining of his extra-marital relationship with others. She used to get up late in the morning and was not doing any household works. She was expressing that, she has not come to their house to serve as a maidservant. Sometimes she will sleep without taking food in the night but get up in the midnight complaining hunger. On 30.1.2012, in their native village without any provocation, she started throwing vessels, and his mother suffered injury to her eyes during the incident.

(3.) The wife contested the petition. Her defence was, subsequent to the marriage, she was made to stay along with the parents of the husband at Bellary with an assurance by the husband that he will take her to Bangalore within a short period. Her further defence was, her parents-in-law were not looking after her well and treated her as a maidservant and as a slave, she was made to work without rest. Her mother-in-law used to abuse her and cause mental stress, which was intolerable for her. The allegation of the husband that she is suffering from mental disorder is false and it is only because of the workload and the mental stress caused by his parents, she is put to untold mental stress. To reach his goal, husband has picked up a cock and bull story to take divorce from her.