N. JAYANNA Vs. VASANTHA (DHANALAXMI)

JUDGEMENT

(1.) This appeal is by the appellant - husband, being aggrieved by the impugned judgment and decree dated 26.10.2011 passed in M.C. No. 23/2006 on the file of the Senior Civil Judge and JMFC at Gubbi, dismissing the petition filed by appellant under Sec. 13 of Hindu Marriages Act, for dissolution of marriage solemnized between him and the respondent - wife.

(2.) Facts in brief are, after marriage, both the appellant and the respondent were residing together at the residence of the appellant. The respondent without intimating the appellant left the matrimonial home about 7 years prior to filing of the petition before the trial Court and she was residing with her parents at Tumkur. The appellant has made several efforts to bring her back to the matrimonial home and also persuaded her through the Panchayats but she did not heed to it. Therefore, he was constrained to issue legal notice to respondent on 27.07.2006 calling her back to revive the marital obligations. But she did not come back. It is alleged that the respondent is moving with one Harish, auto driver and threatening the appellant with dire consequences at the instigation of her father who is a Police Constable. Therefore, the appellant was constrained to file a complaint against the respondent, her parents and brother before the Superintendent of Police on 04.08.2006. Further, he alleged that in spite of making all these efforts, she was not ready and willing to join the matrimonial home and she has mentally and physically tortured and ill -treated him and she do not like to live with the appellant. Taking these grounds, the appellant - husband filed the petition seeking divorce as stated supra.

(3.) Upon notice to the respondent - wife, she filed detailed objections accepting the relationship with the appellant but denying the entire averments of the petition. As a defence she has contended that she and the appellant led a happy married life and the appellant was doing agricultural work. Later, he got an appointment in the department of Sujala Jalanayana as a Jalanayana Assistant at Tippanahalli Branch and getting salary. After he started working as Assistant and getting salary, he started ill -treating the respondent - wife. It is alleged that she tolerated all the ill -treatments and torture meted -out to her by the appellant and when the conduct of him went out of control, she came to know that he had illicit relationship with one Lakshmamma of Bovipalya. It is further alleged that when she and her parents questioned the appellant - husband, about the relationship, he was furious and taken the respondent - wife in a motor cycle and stated to have attempted to do away with her life and pushed her from the motor cycle to make it look like an accident. However, she somehow escaped. She also contended that he was also addicted to the alcohol. Further, she contended that she informed the illicit relationship of appellant and Lakshmamma before the Jurisdictional Police. The Jurisdictional Police have called upon both of them interrogated and negotiated. Then, the appellant has admitted the said fact and given a statement in writing to that effect. It is also contended that the appellant has filed a petition in M.C. No. 25/06 for the same relief and the contentions taken by him therein are quite contrary also.