SHILPA Vs. CHANNABASAIAH E

JUDGEMENT

(1.) In the instant appeal, appellant has questioned the validity of the judgment dated 18.04.2012 passed in by the Family Court, Davanagere by which respondent's was allowed while accepting the application for divorce under Section 13(1)(1-a) of Hindu Marriage Act (for short 'The Act') declaring the marriage solemnized between the appellant and respondent on 25.03.2007 as dissolved.

(2.) The appellant and respondent got married on 25.03.2007. Out of their wedlock a baby girl was born on 21.01.2010 and she has been named as Chinmayee. Certain disputes arose between among appellant and respondent as the appellant was not compatible in the joint family of the respondent. The appellant was abusing respondent's mother, sister and other relatives. So also not looking after her mother-in-law, frequently visiting to her parents house which was at walkable distance from her husband's house. Appellant has also made serious allegations against the respondent to the extent of he having illicit relation with his own sister. The respondent with the aforesaid tantrums of the appellant, was un-necessarily subjected to mental harassment. So also on 06.12.2010, parents of the appellant and others visited the respondent-husband's residence, abusing the family members of the husband including husband so also assaulted parents of the respondent for which one of the parent has taken treatment at C G Hospital, Davangere. Arising out of these domestic issue, appellant settled in her mother's place. The respondent issued a notice on 16.12.2010 asking the appellant to join him at his residence as she was away from her husband. The appellant refused to accept the notice. However, UCP was served on her. When things stood thus, the appellant filed a dowry harassment case against the respondent's family members due to which the respondent was in custody for a day. With such harassment, respondent could not tolerate the mentality of the appellant so also her attitude. Thus, respondent proceeded to file an application for divorce.

(3.) The Family Court appraised various circumstances i.e., conduct of the appellant in not joining her husband so also the fact that she was not listening to her husband's words, her behavior in the husband's home, without the knowledge of the respondent/husband the appellant settled in her parental home and even at the time of pregnancy and giving birth to her daughter she was away from her husband. Her daughter was suffering from jaundice when she was born. At that juncture, the respondent came to know and he assisted his wife and took care of the baby girl by donating blood. Thus, the Family Court proceeded to pass a decree of divorce in favour of the respondent.