U.SETHURAMAN Vs. KUMARARAJA

JUDGEMENT

(1.) This appeal is filed by the appellant-husband assailing the order dated 18.7.2016 passed by III Additional Principal Judge, Family Court, Bengaluru, in MC No.347/2014.

(2.) The brief facts of the case are that; appellant- husband and respondent-wife got married on 19.11.2010. As the appellant-husband was employed at Toshiba, Bangalore, as a Senior Software Engineer and was also looking after his aged father. They started leading their matrimonial life at HSR Layout, whereas his father was living alone in the village, when the appellant-husband wanted to bring his father to live along with them, respondent-wife snubbed him and told him that if he brings his father, she will not take care. In spite of that, he was cordial with respondent-wife. But respondent did not co-operate with the family life and behaved erratically and also used to abuse him. Even the parents of the respondent informed him about the nature and behavior and they told that she may take some time to adjust in the matrimonial home. It is further contended that he was confused as to whether the respondent was having mental illness as she was behaving strangely and some times suddenly she used to throw the cooking vessels and used to hit them and not allow him to speak to his family members and friends. One day, when he was proceedings to his office, she insisted to talk to her sister's husband. When he told that it is already late, the respondent-wife scolded him and also throw the household articles. Though her father requested the appellant-husband to bear with her, but she was not able to control her anger and violent acts. It is further contended that she would be taken to a psychiatrist at the time of her delivery. By respecting the words of her father, he tolerated all the tortures given by the respondent, though he lost happiness in his life and was not in a position to concentrate on his work. In that light, on 19.9.2011, she was taken to her native place for delivery and when the appellant-husband wanted to enquire about the safe reaching of her over phone, she never used to respond and he came to know that on 18.10.2011 she has delivered a male baby. He immediately went along with his father to see the baby in the hospital. At that time, the doctors and nurses who attended on her also complained about the rude behavior of the respondent and the doctor suggested to take her to a psychiatrist for treatment. On 24.6.2012, himself along with his sister went to respondent's place to bring her back to Bangalore along with child. At that time also, she behaved erratically and started to beat them and at that time the father of the respondent requested them to hope that he will bring her to Bangalore.

(3.) It is further contended that, she was taken to Doctor Bhaskar Rao, Neuro Surgeon during August 2012 by her parents in Salem. In spite of giving treatment, there was no change in her behavior and her attitude. Further, he contended that, when he contacted the said Doctor, for the purpose of getting the details of the investigation, the said doctor suggested that she is suffering from illness, requires regular medication and get her treated at Nimhans Hospital at Bangalore. Thereafter, she came to Bangalore during September 2012, but her behavior was not changed, as such she was taken to Nimhans hospital, for which she became furious and said that she is not mental and not required any treatment and as such the treatment was not given in the Nimhans Hospital. He further contended that she ill-treat even newly born child and even at the first Birthday, she created a big uproar and abused the appellant-husband and also quarreled by shouting with top voice. Because of the said cruelty, he took her to Nimhans for consultation on 1.6.2013 and again on 15.6.2013. When the appellant requested the counselors to convince her, she became arrogant and scolded him and she did not take the proper treatment. It is further contended that, she went to police station and lodged a complaint and she also used to compare the financial status of her husband with her uncle and other relatives who are financially sound and also used to demand a new car and a flat. It is further contended that Madiwala police registered a complaint against him under Section 498A of IPC and she also filed a Crl. Misc. Petition449/2013 seeking maintenance. She never co-operated with the appellant. The said cruel attitude continued and as such it became very difficult for the appellant-husband to stay with her and she was causing both mental and physical torture and agony and as such he filed a petition before the Family Court for judicial separation.