J. Jyothi vs Shivanna

N.K. Patil, J.—1. This appeal by the appellant/wife is directed against the impugned judgment and decree dated 25/10/2013, passed in M.C. No. 2885/2008, by the I Additional Principal Judge, Family Court, Bengaluru, allowing the petition filed by the respondent/husband U/s. 9 of Hindu Marriage Act.

It is the case of the respondent/husband that, his marriage took place with appellant/wife as per Hindu customs and rituals on 15.9.2005 at Adichunchanagiri Sannidi, Bellur Hobli, Nagamangala Taluk. After the marriage, they lived for four days. She is staying at her parents house after four days of the marriage without any cause or excuse. He visited his wife at her parents house and requested to join him, however, parents and appellant refused to join him and whenever he visited her parents house, she used to reply that she require some time to come and join him and he was alone in Bangalore and the marriage did not fulfill his dreams of leading happy marital life and even her parents informed that they will bring her to his house, but they also failed to discharge their duties and obligations.

It is the further case of the husband that he wrote several letters to his wife, but she did not reply and neglected him and he was subjected to emotional and mental torture by the acts and behaviour of his wife and her parents and the counseling between them did not make any changes in the attitude of his wife. Due to the act of his wife, he could not concentrate on his work, he is leading his life with great difficulty and suffering from severe financial crisis due to the neglect and desertion of the wife and she is legally bound to stay with him and therefore, he has filed the petition under Section 9 of Hindu Marriage Act and prayed to allow the same.

Upon service of notice, appellant/wife has appeared through her counsel and filed her objections statement admitting the marriage with the respondent and she denied that they lived only for four days after the marriage and thereafter, she lived with her parents and her parents refused to send her with him. She also denied all the allegations and averments made in the petition. It is the case of the appellant/wife that, after the marriage, they started living in her husband''s house situated at Maheshwari Nagar, T. Dasarahalli, Bangalore, during her stay, he demanded for another sum of Rs. 4/- Lakhs and told that in the event she fails to give the same, she should give consent for mutual divorce before the Court. It is further contended that, her husband was also making allegations that she is having illicit relation with her relative uncle and used to comment about her age and he himself posed that he is a B.A. L.L.B. graduate and he should be paid another sum of Rs. 4/- Lakhs which was refused by her. When she refused the demand as he was also having habit of consuming alcohol in the night and used to come late in the night and assaulting her and he was having a peculiar character of always suspecting her care and conduct and used to abuse in filthy language and on several occasions she was not provided with food. It is the further case of the appellant/wife that, whenever her husband was going out of the house, he used to lock the main door keeping her alone in the room without providing any food and putting her into physical and mental torture and inspite of all these, she tolerated with all hopes and he may change his ways. But inspite of repeated requests he did not mend his ways. Therefore, without any alternative she was constrained to leave his house and started living in her parents'' house. On several occasions, her parents and brothers and also the well wishers advised him to lead happy marital life, but he did not head to their advise and therefore, due to the illegal acts and demands of her husband, marriage between them has completely broken down and her husband has acted in inhuman way and put her life to physical and mental torture and with a fraudulent intention, he has filed the petition to gain wrongful advantage. Therefore, she prayed to dismiss the petition with costs.

On the basis of the pleadings of the respondent/husband and the objections of the appellant/wife, the Family Court has raised three points for its consideration.

Before the Family Court, in order to prove his contention, respondent/husband has examined himself as PW 1 and got marked three documents as per Exs. P1 to P3 and appellant/wife has got examined herself as RW 1 and got examined one witness as RW 2 and got marked two documents as per Exs. R1 and 2.

The Family Court, after hearing learned counsel for both the parties and after perusing the relevant materials available on file, has answered Point Nos. 1 and 2 in the affirmative and as per final order, allowed the petition after assigning cogent and valid reasons and directed the appellant/wife to join the respondent/husband within two months from the date of the said order. Being aggrieved by the impugned judgment and decree passed by the Family Court, the appellant/wife has presented this appeal.

We have heard the learned counsel appearing for both parties and perused the grounds urged by the appellant in the memorandum of appeal and the reasons assigned by the Family Court in the impugned judgment and decree.

After perusal of the impugned judgment and decree passed by the Family Court, it emerges that, the marriage between the appellant/wife and respondent/husband was solemnized as per their customs on 15.9.2009 at Adichunchanagiri Sannidi, Bellur Hobli, Nagamangala Taluk and they lived together for only four days as per the case of the parties and thereafter, due to mis-understanding between them their relationship has stained and they started making allegations and counter allegations against each other. Further, it is the case of the husband that he made several attempts to bring his wife back, but neither his wife nor her parents have agreed to the same. Whereas, it is the case of the appellant/wife that time and again her husband has given mental and physical torture, demanding dowry and also insisting her parents to give motor vehicle as he is a B.A. LL.B. graduate. First he demanded Rs. 2,50/- Lakhs and thereafter, he demanded another Rs. 4/- Lakhs and she could not full fill the said demand made by him. Be that as it may, at the intervention of the well wishers and family members they made counseling between the parties, but the same has failed. The appellant, except making several allegations in the written statements as discussed elaborately in para-6 of the judgment and the nature of torture given by the husband as discussed in para-7 of the judgment, no credible documents as such are produced by her nor she has examined any independent witnesses to prove the mental and physical torture given by her husband or that he is demanding dowry. The Family Court, after appreciation of the oral and documentary evidence and other material available on file, has observed that, the main allegations of the husband is that, his wife used to tell that the marriage is due to the incessant force of her parents and she was not willing to marry him and therefore, she did not join the petitioner after the marriage. In fact, the Family Court has elaborately discussed in paras 13-14 of its judgment about the oral and documentary evidence and has recorded the finding of fact that, it is crystal clear from the evidence of the appellant/wife that she has voluntarily left her husband''s house after marriage and has not given any justifiable reasons for neglecting and deserting him and respondent/husband is interested in leading marital life with her and has filed the petition seeking restitution of conjugal rights and the appellant/wife being the legally wedded wife of the respondent/husband is legally bound to join him. Therefore, the Family Court, after assigning cogent and valid reasons, has allowed the petition filed by the respondent/husband under Section 9 of Hindu Marriage Act and directed the wife to join her husband within two months from the date of the said order. Therefore, we do not find any error in the same nor the appellant has made out any good grounds as such to entertain the relief sought in this case.

Taking all these factors into consideration the appeal filed by the appellant is dismissed as devoid of merits. Parties to bear their own casts.