S PRASANNA KUMAR Vs. R SARASWATHI

JUDGEMENT

(1.) APPELLANT was the petitioner before II Addl. Prl. Judge, Family court, Bangalore. He filed the aforesaid petition under Section 13 (l) (ia) (ib) of the Hindu marriage Act requesting the Court to dissolve the marriage solemnized between the appel-lant and respondent on 18-11-1993 at lalithmahal Kalyana Mantapa, New BEL road, Bangalore.

(2.) AS per the petition averments, marriage between the parties was solemnized on 18-11-1993 at Bangalore and after the marriage parties lived together in the house of the father of the petitioner and immediately after the marriage respondent-wife demanded petitioner to permit her to continue her studies since she was studying in II Year B. Com at the time of marriage. Petitioner agreed and permitted the respondent to complete her b. Com Degree. After a completion of her graduation she requested the petitioner to permit her to join computer classes. Petitioner agreed to send her to computer classes. According to him, she started harassing him; after graduation both mentally and physically and she started coming home at late night after finishing her computer classes. When the same was questioned, she gave evasive reply. It is also alleged that on 11-5-1995 an attempt was made by the respondent to commit suicide; when the petitioner was away from the house. She was immediately admitted to M. S. Ramaiah Hospital, Bangalore and also intimated to her parents. After discharge also she threatened to commit suicide at any time and the said threat has created an apprehension and tension in the mind of the petitioner and his family members. On account of the stress and strain, petitioner who was in BE course could not complete his BE graduation. Contending that the respondent has left the matrimonial home on her own in the month of May, 1999, petition was filed on the ground of cruelty and desertion.

(3.) RESPONDENT-WIFE contested the case. She has denied the allegations made by the petitioner. According to her, petitioner pressurized her to continue her studies and till she completes her studies petitioner told her that marriage should not be consummated. Therefore, marriage has not been consummated even though marriage was solemnized on 18-11-1993. It is also alleged by her that, after completion of graduation she was asked to join computer course by the petitioner and she was not treated by the members of the family of the petitioner properly. Family members of the petitioner used to abuse for trivial matters. It is also alleged by her that petitioner was having illegal intimacy with a lady even prior to the marriage and he continued his contacts with that lady even after the marriage and he occasionally coming to the matrimonial house. It is also contended that the parents of the petitioner use to abuse the respondent that he has spoiled the life of petitioner and she was not provided with proper food and clothing. These circumstances made her to consume poison to put an end to her life. According to her, on 16-6-1999 at about 11. 30 p. m. she was thrown out of the matrimonial house by the petitioner and his parents and she was not allowed to enter the matrimonial house even after panchayat was convened. Therefore, she requested the Court to dismiss the petition.