K.P. SURYAKANTHA Vs. M.A. AMRUTHA BAI

JUDGEMENT

(1.) Appellant filed petition under Section 13(1)(i-a) and 13(1)(b) of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) seeking dissolution of his marriage with the respondent solemnized on 19.10.2004 at Idagunji Ganapathi Temple near Honnavar registered on 09.11.2004. It was rejected by the Family Court at Shivamogga in M.C.No.166/11 on 01.10.2011. Hence, the present appeal.

(2.) Brief facts of the case are that appellant married the respondent on 19.10.2004 at Idagunji Ganapathi Temple near Honnavar and marriage was registered on 09.11.2004. Out of wedlock, a male child was born to them on 15.07.2005. Appellant's version is that respondent was a constable and she was very rude and cruel to him. She had not returned from parental house after delivery of the child despite making every effort, personally and through well wishers. Through goonda elements, respondent used to threaten the appellant and filed false complaint against the petitioner. He has also made allegations that respondent is in the habit of consuming alcohol in the company of miscreants and she has filed a dowry harassment case against appellant as a result of which the appellant was in judicial custody for a week and she has deserted him since 15.07.2005. She has also neglected her child in not looking after him. She has also pressurized the owner of the appellant's house to evict the petitioner and his parents from rental house which has led to filing of divorce petition.

(3.) On the other hand, respondent filed objection wherein she has admitted certain facts like marriage, giving birth to child. There was a strained relationship among the appellant and respondent relating to certain behavior of the appellant which is not beyond reconciliation. She has specifically denied other allegations. In fact, child has been given utmost care while sending him to school and making him comfortable within her economical capacity with the assistance of her parents. Further, she has also made certain allegations against the appellant relating to an act of kidnap by the appellant and his supporters on 15.10.2004 and was compelled to marry the appellant though she was not willing, in other words it was a forced marriage. In this regard, respondent's parents lodged a missing complaint before the Rural Police Station. Appellant is in the habit of taking away valuable articles like mobile, earrings, necklace of the respondent in order to perform the marriage of his younger sister. So also, appellant and his parents have harassed her even to bring dowry as parents of the appellant were not happy having regard to the appellant and respondent's belonging to a different caste. Appellant and his parents conspired to perform second marriage of the appellant with one VIjayakumari which was stalled at the behest of the respondent. Thus, allegations and counter allegations have been made by the appellant and respondent. Family Court examined PW1 and marked 13 documents as Ex.P.1 to P.13 so also examined the respondent as RW1 and Ex.R.1 was taken into consideration while framing points that arose for consideration which is extracted hereunder: