SONY Vs. PRAVEEN S

JUDGEMENT

(1.) Appellant/Wife of husband - Respondent has questioned the validity of the judgment passed in M.C.No.35/2011 (Old No. M.C.No.43/2008) on the file of the Family Judge, D.K., Mangalore by which respondent's petition under Section 13(1)(i-a) and (iii) of the Hindu Marriage, Act, 1955 (hereinafter referred to as the ''Act' for short) is allowed in part and marriage dated 02.02.2006 has been dissolved by decree of divorce with effect from the date of decree. Further, application under Section 26 of the Act is allowed in part, child shall continue to be in the custody of appellant/mother. Respondent/father has got visitation rights once in a month to visit the child in the house of the appellant by giving prior notice to the appellant.

(2.) Brief facts of the case are that marriage between appellant and respondent took place on 02.02.2006 at Milagres Church Hall, Falnir, Mangalore as per customs prevailing in Hindu community. Both of them resided together as husband and wife for about 7 months. Out of their wedlock, a female child was born on 19.02.2017. The respondent alleged allegations against the appellant that she is behaving abnormally, it seems mentally she was facing certain distress as is evident from her behaviour as she was abusing respondent in a filthy language. She was screaming, shouting so also physically attacking the respondent. From the date of marriage, appellant's behaviour was not proper as a wife towards her husband. Respondent informed the appellant's mother about her behaviour for which she has stated that even prior to marriage, she was suffering from certain mental depression for which she was taking psychiatric treatment in KMC Hospital, Attawar, which has compelled Respondent to file divorce petition and it was allowed.

(3.) The respondent was working at Chitradurga. He had taken appellant and his child to Chitradurga. Even at Chitradurga she was behaving abnormally which was irritating to the respondent in front of his friends. She was not cooking food and un-necessarily she was harassing the respondent. Thus, respondent has suffered humiliation as well as undergone mental agony, depression due to the respondent's attitude and behaviour. Taking these issues, respondent issued a legal notice on 10.12.2007 for which appellant had replied on 28.12.2007. Appellant denied the allegations stated in the notice. On the other hand, she had made allegations against the respondent that he is in the habit of taking alcohol and bringing his friends to his house during night for dinner. She has also alleged that she do not intend to continue to stay with her husband unless and until he changes his attitude like not bringing his friends to his house for dinner, not consuming alcohol outside and coming in the midnight and so also if he shifts his house from Chitradurga to Mangalore. In that event, appellant is prepared and willing to join the matrimonial home. She has also sought for maintenance for her as well as to her child a sum of Rs.5000/- per month since the petitioner is having business and earns Rs.30,000/- per month.