SHRI SHASHIDHAR RAMCHANDRA KOPARDE Vs. SMT. SHANTA

JUDGEMENT

(1.) The husband is before this Court in this appeal assailing the order dated 26.06.2013 in MC No.64 of 2011 passed by the Senior Civil Judge, Chikkodi, by which the petition filed by the husband under Section 13(1) (ia) of the Hindu Marriage Act, 1955 (for short, 'the Act') is rejected.

(2.) Brief facts of the case are that, the petitioner and respondent got married on 01.12.1995 at Gokak. From the wedlock, two male children were born by name Ghanashyam and Shrinivas. After few years, the wife developed a sense that she should be given more importance in the family. Further, the husband stated that for one or other reasons, she used to give physical and mental harassment to him. The wife used to chat with her friends without there being any reasons. The wife was working as LIC Agent and also small savings agent; she used to go out of the house without any reason; when she was questioned, she made false allegations against the husband and she made complaint to the police saying that she has been harassed. It is the case of the husband that the criminal cases are registered against him before the Police and also Mahila Santvana Kendra. As the wife has gone out of the matrimonial house and she is residing separately, the husband has filed petition under Section 13(1)(ia) of the Act, seeking divorce.

(3.) The wife appeared before the Trial Court and it is say of the wife that till 2008, they were happy, subsequently, it came to the knowledge of the wife that the husband has illicit relationship with one Smt. Kaveri Kagale. It is stated that the husband used to come home late night in a drunken position. That on 14.10.2001, without informing the wife, the husband left the home, for which the wife had given complaint. When the wife checked his suitcase, it came to her knowledge that on 17.12.2008, the husband has got married one lady Smt. Kaveri Kagale and the said marriage was registered before the Sub-Registrar, Chikkodi on 13.10.2010. The wife filed suit in OS No.376 of 2010 before the 1st Addl. Civil Judge, Chikkodi seeking declaration of the marriage of the husband with one Kaveri Kagale as null and void. As the wife had given complaint against the husband in August, 2011, the husband himself cut his hand on 2.9.2011 and filed complaint against the wife. It is the case of the wife that she has not refused at any time to lead marital life with the husband. The wife stated that she is ready and willing to join the husband. Based on the pleadings, the Trial Court formulated the point i.e. whether the husband has made out good ground to entertain the petition filed under Section 13(1)(ia) of the Act.