P.T.NEELAMBIKA Vs. MANJUNATHA S.KADAM

JUDGEMENT

(1.) THIS appeal is directed against the final order passed in M.C.No.19/2010 dated 11.8.2011 which was pending on the file of Court of Senior Civil Judge, Chikmagalur. On a petition filed by the husband seeking divorce on the ground of desertion under Section 13(1)(ib) of Hindu Marriage, divorce has been granted after contest. Being aggrieved by the said decree of divorce, the respondent therein i.e., the wife has challenged the said order on various grounds as set out in the appeal memo. Parties will be referred to as petitioner and respondent as per their rank in the Trial Court.

(2.) THE marriage of the petitioner and respondent was solomonised as per the Hindu customs on 23.4.2004. Thereafter, respondent started living in the matrimonial home of the petitioner at Chikmagalur. According to the petitioner, respondent is a lady of quarrelsome nature and used to pick up quarrels with him and with the family members for trivial reasons and thereby spoil the peace of the house. Out of their wed lock they have a female child Harshitha. When respondent went to her parents home for delivery, her parents insisted him to arrange for a separate house lest they would not send their daughter. The averment is that in view of their demand, the petitioner arranged for a separate house and thereafter respondent returned to Chikmagalur along with baby and started living in the separate house. Thereafter also she started quarreling with the petitioner. On 10.12.2005, she stated to have threatened him that she would send him and his family members to jail by filing a complaint and left the house. Thereafterwards she started living in her parents house in Davanagere is the averment.

(3.) THE respondent had appeared before the Trial Court and had filed statement of objections denying all the allegations in regard to insistence by her parents to make a separate house for her and quarrelling with him and leaving the house without a rhyme or a reason. It is her case that whenever petitioner used to go on work his family members would pick up quarrel with her on trivial matters and report the same to the petitioner after he returned from work and believing their words he used to assault her on many occasions. It is her case that in fact the petitioner and his family members used to torture her on various grounds. When the mother of the respondent came to Chikmagalur on 14.5.2005, the petitioner and his family members were abusing her for having given birth to a female child. The attitude of the petitioner and his family members became adamant when her co -sister gave birth to a male child and trouble increased in her case. It is her case that at no point of time neither she nor her family members insisted him to arrange for a separate house. Later on she came to know that separate house was made in collusion with his parents only with an intention to harass her and throw her out of the marital house. It is her case that neither she or her child was provided with proper food and clothing. Petitioner used to come late in the night and never gave money for maintenance as a result of the same, there was no other way for her except to go and reside with her parents in Davanagere and therefore she chose to file a petition in M.C.No.62/2007. Hence she requested the court to reject the petition.