JYOTHISHREE CHIDANANDA Vs. R. CHIDANANDA RANGAPPA

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 05.12.2013 passed by the Vth Additional Principal Judge, Family Court, Bengaluru in MC No. 1076/2010, the appellant/wife has preferred the above appeal under Sec. 19(1) of the Family Court Act. By the impugned judgment and decree the trial Court has allowed the petition of the respondent-husband for divorce.

(2.) The respondent filed M.C. No. 1076/2010 against the appellant for divorce. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court. In the petition, the petitioner/husband alleged that the respondent has deserted him since 01.04.2005 and subjected him to cruelty imputing him the communicable HIV/AIDS disease, isolated him in the house and humiliated him. He alleged that on such allegations respondent took him before the State Women's Commission and separated him from his daughter etc.

(3.) The respondent denied all the allegations made against her and contended that it is the petitioner who subjected her to cruelty, which forced her and her daughter to take shelter with her parents and he failed and neglected to maintain them. She further contended that the Principal Civil Judge (Sr.Dn.), Shimoga by the order dated 11.01.2007 dismissed the husband's earlier petition in MC No. 31/2006 for restitution of conjugal rights filed on the same grounds holding that the petitioner has subjected her to cruelty and she has reasonable grounds to withdraw from his company and therefore, again on the same grounds the petitioner cannot seek divorce.