CHANNAKESHAVAIAH Vs. VISWABHARATHI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the V Additional Principal Judge, Family Court, Bengaluru ('Family Court' for short) in M.C.No.61/2007.

(2.) Facts in brief are:

(3.) The learned counsel appearing for the appellant contended that the Family Court failed to appreciate the evidence placed on record by the appellant to establish the factum of cruelty and desertion to which he was subjected to by the respondent. The respondent was regularly triggering altercation with the husband on trivial issues and failed to discharge the responsibilities of a dutiful wife. It was further contended that the respondent used to visit her parental house frequently. On several occasions she had taken the jewellery and money from friends and relatives without his knowledge on the promise of returning the same but failed to do the same. The respondent was threatening them of committing suicide by fixing them for committing such an act, whenever they used to request her for return of jewellery/money. The respondent had left the matrimonial house during the year 2005 without the consent of the appellant for which a legal notice was issued on 6.7.2005 calling upon her to come and join him, which did not elicit any response. The demeanour of the respondent, threatening of committing suicide making allegations against the appellant is nothing but the cruelty to which the appellant was subjected to. The desertion aspect though proved, but the same was not appreciated by the Court below in a right perspective. The respondent attempted to kill him besides threatening of herself committing suicide. There is irretrievable break down of the marital life between the parties, which cannot be repaired. Considering these aspects, the Court below ought to have allowed the petition granting the decree of divorce as prayed.