T. J. KAVYASHREE Vs. D. SURESH

JUDGEMENT

(1.) The wife's petition for dissolution of marriage on the grounds of cruelty and desertion in MC No.122 of 2013 on the file of the Principal Judge, Family Court at Tumkur (for short, 'the Family Court') is dismissed by the impugned judgement dated 30 July 2014 and therefore, the wife - the appellant has preferred this appeal under the provisions of Section 19(1) of the Family Courts Act read with Section 28 of the Hindu Marriage Act, 1955 (for short, 'the H.M .Act ').

(2.) The wife's case is that her marriage with the respondent was solemnised on 13.6.2004 at Sri Krishna Kalyan Mantap, M. G. Road, Tumkur. Her parents spent about Rs. 5,00,000/ for the wedding, and they paid another sum of Rs. 2,00,000/- as dowry to the respondent. This was in addition to the jewellery and silverware that were given by her parents at the time of the wedding at the instance of the husband and his family members. They resided together in a separate premises in the first floor of the matrimonial home for a period of one year. The husband started picking up quarrels over petty issues. The environment at home became vitiated because of the husband's conduct. The husband was advised by her elders to mend his ways and to behave like a responsible husband. But such advice did not have any effect on him, and he continued to harass her for dowry.

(3.) The wife was continuously threatened by her husband stating that he would put an end to her life and remarry. The husband's family members would instigate him to assault her, and in the morning hours of 4.7.2008, the husband assaulted her physically. The husband acting in a premeditated manner admitted her to M/s Spandana Nursing Home stating that she was mentally unstable. She was administered electricity shock at the Nursing Home. Her family members, on coming to know that the husband was subjecting her to these kinds of extreme cruel acts, secured her discharge from such nursing home, and she was hospitalised with K. C. General Hospital, Bengaluru for treatment. When reconciliation at the instance of the elders of both the families failed, she lodged a complaint with the Rajajinagar Police Station, Bengaluru on 20.7.2008. The Police conducted investigation and filed charge sheet against the husband and his family members.