KANTILAL G.JAIN Vs. C.SAILAJA

JUDGEMENT

(1.) The appellant is the husband of the respondent. Their marriage took place in the year 1989 when both of them were studying M.B.B.S. Course, at Bangalore. It is stated to be love marriage and that at a later point of time, a formal marriage was performed on 20-05-1990 at Tirupati in the presence of the parents of the respondent. The marriage is said to have been registered, five years thereafter, i.e., on 28-03-1995, when they have shifted their residence to Hyderabad. They were also blessed with two daughters.

(2.) The appellant filed O.P.No.685 of 2006 before the Additional Family Court, Hyderabad for divorce against the respondent, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act (for short 'the Act'). He pleaded the grounds of cruelty and desertion on the part of the respondent. In the O.P., the appellant pleaded that after the birth of the second daughter, the respondent insisted that he should get his share in the property of his parents at Shimoga, Karnataka State and when she did not agree for the establishment of a Diagnostic Centre at Mangalore, he was compelled to come back to Hyderabad to practice medicine. He has also stated that even after he started living in a rented house at Himayathnagar, she did not allow him to visit his parents at Shimoga. The respondent is said to have subjected him to harassment of various forms and to ill-treat him. It was also alleged that the respondent did not permit the parents of the appellant to come to their house and if on any occasions they visited Hyderabad, she created scenes.

(3.) Another plea of the respondent was that in the year 2002, when he got admission in a Post-Graduate course in C.D.R. Hospital, at Hyderabad, she has virtually driven him out from the house, and when he stayed temporarily at the Hospital, she came to that place and created an ugly scene, so much so, sought to attack him physically. The respondent and her father are said to have insisted that the appellant should not shift his parents to Hyderabad and that they have threatened to institute criminal cases in case, he does not act as per their wish. The respondent is also said to have harassed the appellant in several ways, both when she went to Coimbatore, for higher studies, and after coming back. She is said to have insisted that he should maintain the Maternity Nursing Home established by her mother. It was also alleged that on account of harassment and false representations made by the respondent, the appellant could not complete the P.G. Course. He made a detailed reference to the e-mails, or derogatory messages said to have been sent by the respondent. Reference was also made to the registration of Crime No.244 of 2006 in the Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad, in connection whereof, himself and his family members were said to have been called to Police Station. With these and other related allegations, the appellant prayed for a decree of divorce.