N. PUSHPANJALI Vs. L. RAMAKRISHNA

JUDGEMENT

(1.) The appellant is the wife whose marriage with the respondent is dissolved by a Decree of Divorce by the 4th Addl. Prl. Judge, Family Court, Bangalore, in a petition filed by respondent/husband, under Sec. 13(1) (i -a) of the Hindu Marriage Act (for short, 'Act').

(2.) Briefly stated, the husband filed a petition for divorce on the allegation that the parties were married on 14.09.2005 at Thirumala Tirupati, as per Hindu rites and customs. The wife joined the husband in the matrimonial house at Bangalore, while the husband is engaged in a vegetable business at KR Market, Bangalore, the wife is a B.Com graduate. At the time of marriage, the father of the husband was hospitalized and died immediately after 3 days of marriage. The wife exhibited hostile attitude towards husband and mother -in -law. She was irresponsible and go away from the matrimonial home on her own, against the wishes of the husband. She used to stay away for 3 -4 months and was a spendthrift; she used to mingle with unwanted and doubtful persons. She showed scant respect to the mother -in -law and was quarreling for flimsy reasons and was not attending household chores, thus, caused cruelty to the husband. She threatened to kill the husband and abandoned the matrimonial house by collecting all her belongings and jewels and lodged a complaint against the husband and family members in respect of the offence under Sec. 498A of IPC and Sec. 4 of the DP Act. The husband was detained in judicial custody for 12 days. She also opposed the bail application, when it came for consideration before the Court.

(3.) The wife contested the petition while denying the allegation leveled against her, she set -up defense of husband and his members demanding dowry. Her counter allegation was, her parents borrowed a loan and paid a sum of Rs. 7 lakhs to the husband and family members to meet the demand of dowry and marriage expenses. Still, the husband demanded additional dowry of Rs. 5 lakhs. Since, her parents could not meet the demand, she was subjected to mental cruelty. Hence, she lodged a complaint. He has married another woman by name Darshini, she is ready to stay with him, if he undertakes not to make further demand for dowry and also undertakes to leave the company of Darshini.