K S LAKSHMIKANTHARAJU Vs. SOWBHAGYA N

JUDGEMENT

(1.) This appeal is filed impugning the judgment and decree dated 8.2.2012 by the Principal Judge, Family Court at Bengaluru (for short, 'Family Court') in proceedings commenced under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 in M.C.No.2501 of 2006. The Family Court by the impugned judgment and decree dated 8.2.2012 has dismissed this petition filed by the appellant for divorce.

(2.) The appellant and the respondent were married on 24.9.2004, and their marriage was finalized and solemnised by the elders of both the families. The appellant filed the aforesaid petition for divorce contending that the respondent was categorical that she was not interested in marrying the appellant but she was forced into matrimony by her parents. The respondent remained disinterested in every part of marriage life, and as such, the respondent refused consummation of marriage. The respondent was very abusive and she did not spare any occasion to insult and harass the appellant or his family members. The respondent was insisting upon the appellant to set up a separate residence, and the appellant, owing to such insistent demand, set up a separate residence in a rented premises. The appellant to ensure harmonious matrimonial life secured household articles even beyond his income. But the respondent's conduct did not improve and she continued to avoid consummation of marriage and attending to household work. However, in the year 2005, the petitioner was shocked to learn that the respondent was in the family way as there was never any physical intimacy between them. The respondent, when enquired by the appellant, was evasive in her response and she would only retort stating that she was in the family way because of God's blessings. The appellant thereafter learnt that the respondent was in illicit relationship with someone even before marriage and because of such a relationship, she chose to stay away from the appellant. The respondent left the matrimonial home and gave birth to a child on 12.8.2006. The appellant caused a legal notice for an amicable resolution, but the respondent responded with allegations which only aggravated the 'Cruelty' caused to him. Therefore, the appellant filed the aforesaid petition for divorce.

(3.) The respondent, upon serve of notice of this petition, entered appearance and filed her objection statement contesting the appellant's case. The respondent asserted that the allegations of non-consummation of marriage was false and her son, Mast. Shashibhushan was born on 12.8.2006 from the wedlock. The appellant had left the respondent abruptly without informing the respondent. The efforts made by her father to advise the appellant were futile. The appellant and respondent had a good happy marital life so long as the respondent paid money to the appellant, but the appellant abandoned the respondent when he refused to pay further money as demanded by the appellant. The respondent specifically contended that she was under duress by the appellant to sell her immovable property and make over the sale proceeds to the appellant, and only because the respondent refused to accede to such demand, the appellant abandoned her and the child.