SRI. GANESHA @ NAGARAJA Vs. SMT. RUKMINIYAMMA

JUDGEMENT

(1.) The appellant instituted a proceeding, M.C.No.113/2013 before the Family Court, Kolar for dissolution of his marriage with respondent on the grounds of cruelty and desertion. The Family Court, by its judgment dated 20.03.2014 dismissed the petition. Hence this appeal.

(2.) The admitted facts are that the marriage between the appellant and the respondent took place on 09.02.1996 and they begot two children. The allegations made by the appellant i.e., the husband are that his wife, 5 years after the marriage, developed illicit intimacy with one Shankar, and she did not discontinue her relationship with him in spite of being advised, and instead she started ill-treating him and threatened him that he should not interfere in her personal affairs. She also made a complaint to police against him and his mother; they faced trial in C.C.No.45/2010, which ended in their acquittal. Ultimately the respondent, left his company; the panchayats held thereafter for their reunion did not fructify. He stated that they had been living separately for more than two years since prior to filing of divorce petition.

(3.) The respondent filed her statement of objections, denied the allegations made against her and pleaded specifically that ten years after the marriage, her husband started ill-treating her by suspecting her fidelity; he neglected her and children's welfare. She alleged that her husband developed illicit relationship with a woman by name Tulasidevi and that he married her in the Office of Sub-Registrar, Kolar on 26.11.2009. Therefore she filed a petition, Crl.Misc.312/2013 seeking maintenance. He did not pay maintenance to her and therefore she started working as a coolie to sustain herself. She also alleged that her husband wanted to settle with his second wife and for that reason, he resorted to seeking divorce by making false allegations.