SMT. MAHADEVI @ MEGHA Vs. SHRI SHAILENDRA

JUDGEMENT

(1.) The wife is in appeal before this Court aggrieved by the judgment and decree dated 10.09.2013 passed by the Senior Civil Judge, Hukkeri in MC No. 3 of 2009, by which the Trial Court has allowed the petition filed by the husband under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 (for short, 'the Act').

(2.) Brief facts of the case are that, the marriage of the petitioner and respondent was solemnized on 21.06.2002 at B.B. Hanji Kalyanmantap, Yamanmardi, Taluk Hukkeri as per Hindu rites and customs. According to the husband, who has filed the petition for divorce, they lived happy married life for one year. After the marriage, the wife never became familiar with the family members of the husband and used to abuse them in filthy language and she blamed the husband that he is a diploma holder and she is a double graduate and earning more than the husband, as a government Teacher. From the wedlock, a female child was born. It is further case of the husband that without informing to his family members, she performed naming ceremony in her parents house. All these events resulted in mental harassment to him. The wife even threatened to send him to jail. He further states that the wife has not taken care of his parents and she has left the house 2 1/2 years before instituting the petition for divorce. According to the husband, it is the main demand of the wife that he has to make separate house for them, unless he makes to do so, she is not ready to live with him. On these allegations, the husband filed petition for divorce on the ground of cruelty and desertion.

(3.) The wife appeared before the trial Court and filed her objections stating that the husband and parents of the husband never treated her well and always used to harass her demanding to bring dowry from her parents house. She further contends that they have a female baby and at that time, the husband was very much present in the hospital. She denied the allegations made by the husband. Further, she contends in her objections that her in-laws were insulting and harassing her. It is further allegation of the wife that the parents in-law would not allow to co-habit with the husband till she brings money from her parents house. When she refused to bring money, she was driven out of the matrimonial home.