M.V. NANDINI Vs. RAVIKUMAR

JUDGEMENT

(1.) In the instant appeal, appellant has questioned the validity of the judgment and decree dated 04.09.2012 passed by the II Additional Principal Judge, Family Court, Bengaluru.

(2.) The appellant and respondent got married on 04.11.2007 in terms of Hindu customs and traditions at Sri Kengal Anjaneyaswamy Temple, Kengal, B.M.Road, Channapatna in the presence of elders of both families. They were living together for about 3 months. Thereafter, appellant - wife was not comfortable with the respondent/husband and the marriage was not consummated. The appellant asserted that respondent/husband was suffering from certain infirmities both physically and mentally in leading family life. The respondent was taking certain medicines. Those medicines were taken by the appellant to a local doctor to ascertain for what purpose such medicines are prescribed, who has opined that due to certain weakness in the body, these medicines are consumable. Thus, appellant assumed that respondent/husband could not consummate the marriage because of his weakness. It was also alleged that appellant was being harassed by the respondent/husband and members of the husband's family. Arising out of these issues, matter was taken up before the panchayat. The respondent/husband and his family assured that mutual divorce could be made with certain conditions. Since, respondent/husband could not keep up the assurance given before the panchayath, she had deserted respondent and issued a notice on 16.11.2009 (Ex.P.4). The respondent had not furnished any reply to the appellant's notice. Thus, the appellant filed M.C.No.1803/2010. The Family Court after appreciating the material on record, dismissed the petition.

(3.) Aggrieved by the dismissal of M.C.No.1803/2010, the appellant/wife is in appeal before this Court.