K R MANJUNATH Vs. VEENA

JUDGEMENT

(1.) THIS is the husband's appeal against judgment and order dated 8-4-1992 passed by the Family Court in M. C. No. 29/88 dismissing the petition for dissolution of the marriage.

(2.) ). Brief facts of the case are as follows :the petitioner - K. R. Manjunath filed a petition under Section 13 of the Hindu Marriage Act, 1955 praying for dissolution of the marriage dated 11-5-1973 between him and the respondent by granting a decree of divorce. The marriage of the petitioner with the respondent took place on 11-5-1973 at Kaiwara, Chintamani Taluk, Kolar District and both were leading a marital life. Out of their wedlock, they blessed with two children, a daughter by name Rashmi and a son by name Sriram aged about 13 years and 8 years respectively. The respondent used to create unpleasant situations and frequently quarrelling with the petitioner's mother and they shifted their residence in the year 1978 to the respondent's sister's house and after chain of movement from one residence to another ultimately in the year 1984 the petitioner along with the respondent and the children shifted to the premises where they were residing now. Even though the root cause for such unsettled movement and shifting of the residence from one residence to another was purely on account of the ill-tempered, cantankerous and non-co-operative behaviour of the respondent with the petitioner and also with the neighbours. In the neighbour-hood of the said premises i. e. , the premises where the respondent is presently residing there is one lady by name Indira. After they shifted to the said premises the approach of the respondent with Smt. Indira was never friendly and cordial. The husband of Smt. Indira was ailing and was throughout bed-ridden. Instead of approaching such a neighbour woman with care, sympathy and concern, the respondent was throughout maintaining a scornful approach towards her. She always mistook and misunderstood the cordial relationship maintained by the petitioner with Bhasker the ailing husband of Smt. Indira, has to be that an extra marital affair between the petitioner and Smt. Indira. The misunderstanding of the respondent was expressly manifested by her by treating the petitioner disrespectfully, contemptuosly by scolding and abusing the petitioner in filthy language. Many times, the respondent has boldly commanded the petitioner to get out of the house proclaiming that she was a working woman earning more than the petitioner and that she can take care of herself and the children. After the demise of the said Bhasker i. e. , ailing husband of Indira on 12-8-1996 things took a worst turn for the petitioner. Respondent began making bold and open allegation against Indira also. She also went to the brother of late Bhasker i. e. , brother-in-law of Smt. Indira and spread these false rumours to him. As the abusing and shouting against Smt. Indira continued daily, she was compelled to give a police complaint against the respondent with the Vyalikaval Police Station, Bangalore. Accordingly, Vyalikaval Police summoned the petitioner and the respondent to the police station. The respondent narrated the false story of the so-called illicit affair between the petitioner and Smt. Indira. The respondent again continued to make false allegations against the petitioner of having an adulterous and illicit affair with Smt. Indira. The petitioner was thus subjected to grave mental cruelty. However, he was constrained to reside with the respondent only for the sake of children.

(3.) IN the month of March 1987, the respondent approached the Deputy Commissioner of Police, Bangalore and both were advised to set right the differences. Thereafter, the respondent filed a complaint with the Deputy Inspector General Police (grievance cell) Bangalore. The complaint was forwarded by the Deputy Inspector General to the Vyalikaval police Station and the Vyalikaval police recorded the statement of the petitioner and also the statement of Smt. Indira in the month of October 1987 and found that there are no truth in the allegation of the complaint. Not satisfied with this, the respondent spread these false rumours with the brothers of Indira making the petitioner's position in the factory miserable. The respondent also resorted to certain black magic making it impossible for the petitioner to stay in the said premises with the respondent. The petitioner has been subjected to undue mental cruelty making his life miserable. The harassment meted out to the petitioner by the respondent and her brothers by way of false police complaints, open abuses allegations etc. , is so harsh and grave that the petitioner found it difficult to live with the respondent any longer. The petitioner was thus compelled to shift to his mother's house in the first week of December 1987. The petitioner caused a legal notice to the respondent calling upon her to give a mutual consent for divorce. After receiving the copy of the notice the brother of the respondent who is working in the same factory where the petitioner is working came to the workspot in the factory and abused and threatened the petitioner with dire consequences. The petitioner lodged a complaint with the police on 18-12-1987. On the said allegation, he prayed to grant a decree of divorce of their marriage on 11-5-1973.