KIRAN C. Vs. LATHA T.G.

JUDGEMENT

(1.) This appeal is by the husband, who is aggrieved by the judgment and decree dated 10th August 2015 passed in M.C.No.297/2011 by the Judge, Additional Family Court, Mysuru, whereby his petition for annulment of marriage/divorce is dismissed.

(2.) Briefly stated, the petitioner/husband filed a petition before the court below under Section 12(1)(a) read with Section 13(1)(ia) of the Hindu Marriage Act, 1955 ('the Act' for short). His case was, the parties were married on 28.6.2010 as per Hindu custom and rituals at Kukke Subramanya. He is working as Sub-Registrar in the office of the District Registrar, Mysuru and the wife is working as Junior System Analyst at Mahatma Gandhi Hydral Power Project, KPTCL, Jog, Sagar Taluk, Shimoga. Prior to the marriage, the wife had assured to get transferred to Mysuru, where the husband is working or to quit the job and join him. On 28.6.2010, after the marriage ceremony at Kukke Subramanya, the newly wedded couple traveled to Mysuru and she stayed at Mysuru only for two days and returned to Sagara. In those two days also, she did not stay in the house of the husband, but stayed in her uncle's place and returned to Sagara. As per their custom, Nuptial ceremony for first night of the newly wedded was to be organized at bride's place, but they did not take any initiation and the marriage was not consummated. Two months after the marriage, the wife met him at Bangalore and informed him that she is not able to get transfer to Mysuru and not ready to quit the job. On 21.3.2011, the mother of the wife along with her cousin visited his work place, in the presence of his colleagues, quarreled with him, abused him in filthy language, thereby put him to humiliation in front of others. On 23.3.2011, he wrote a letter to the wife asking her to join him but she did not reply. He filed a petition for restitution of conjugal rights at Mysuru, which was registered in M.C.No.187/2011. After few days, she along with her mother came to her uncle's house at Mysuru for discussion. She told the husband that she will make his life miserable by not consenting for divorce and not by joining him. Hence, he got the petition in M.C.No.187/2011 dismissed.

(3.) The wife contested the petition, denying the entire allegation leveled against her in the petition. Her case was, after marriage, though nuptial ceremony was arranged by her family members, he did not attend the same for his own reason. After receiving the notice in M.C.No.187/2011, she met the husband at Sagara Taluk. At that time, the husband demanded dowry and threatened her with dire consequence. Hence, she filed a complaint to the Police in respect of the offence under Sections 498-A, 506 and 323 of IPC. It is he, who deserted and neglected her. Even now she is ready to join him in the matrimonial home. At the time of their engagement on 25.4.2010, he was unemployed and had agreed to live with her at her native place and had agreed to get transfer to Shimoga after getting the job. After the engagement he was appointed as Sub- Registrar and posted to Hunsur Registrar's office. Hence, he demanded Rs.3 lakhs, gold chain and costly suit for which her family had agreed. He teased her for not giving Rs.20 lakhs as demanded, for not knowing the status of his family and she is not suitable for him. She was made to sleep in a separate room on a mat and was sent to her native place. Thus, non-consummation of marriage is due to attitude of husband and his family members only.