H.K. SREENIVASA Vs. C. JAYANTHI

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed under Sec. 19(1) of the Family Courts Act, 1984, assailing the judgment and decree dtd. 4/12/2013 passed by the I Addl. Principal Judge, Family Court, Bengaluru, in M.C.No.483/2005, wherein the petition filed by the appellant-husband under Sec. 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, 'the Act') for dissolution of the marriage solemnized between the parties on 14/2/1990 at Devanga Sangha, Palani, Dindagul District, Tamilnadu, by a decree of divorce has been dismissed.

(2.) Heard the appellant who has appeared in person and also perused the material available on record.

(3.) Brief facts of the case that may be necessary for the purpose of disposal of this appeal as revealed from the records are, the marriage of the appellant with the respondent was solemnized on 14/2/1990 at Devanga Sangha, Palani, Dindagul District, Tamilnadu, and after the marriage, for a short period, the couple lived in Bengaluru, and thereafter they were residing together at Silcher and Cuttack where the appellant was working upto 1994. It is the case of the appellant that when they were staying at Silcher and Cuttack, the respondent was ill-treating him and she was very rude and arrogant and she was not serving him food and was always insisting for a lavish life. It is also his case that the respondent failed to perform her marital obligations and she did not cooperate with him for cohabitation. It is the further case of the appellant that the parents of the respondent had not advised her properly and the behaviour of the respondent became intolerable and she was insisting the appellant to take transfer to Bengaluru. However, the appellant was transferred to K.G.F., but the respondent did not join him at K.G.F. and she started residing with her parents. She not only started neglecting him, but also started assaulting him in public and she threatened that she will commit suicide. She also allegedly filed false criminal complaint against him. It is under these circumstances, the appellant had filed M.C.No.190/1996 before the Family Court, Bengaluru, seeking a decree of judicial separation on the ground that the respondent was treating him with cruelty. The said petition was dismissed by the Family Court on 18/10/2001.