Mohan Kumar C. vs Asha

N. Kumar, J.

This is a husband''s appeal against the order passed by the Family Court dismissing the petition for divorce on the ground of cruelty.

For the purpose of convenience, the parties are referred to as they are referred to in the Family Court.

The petitioner - husband married the respondent on 22.05.2011 at Eregowda Kalyana Mantapa, Adhichmchanagin, Nagamangala Taluk, Mandya District as per Hindu customs and rituals. It is an arranged marriage. The father of the petitioner and the father of the respondent were known to each others since 10 to 15 years. The father of the respondent is a marriage broker and is also a cook by profession. After marriage, the respondent started living with the petitioner and his parents in Bangalore. She stayed with him in the matrimonial house for a period of two years. It is a case of the petitioner that during her stay, she was not performing her duties as a dutiful wife, such as cooking food for the family members. She used to ill-treat the relatives of the petitioner when they came to the petitioner''s house, where as she used to treat her relatives well, when they came to the house of the petitioner. She used to tell that she was suffering from severe head ache and stomach pain. She was taken to ESI hospital and Vasan Eye Care Hospital where, she was treated. She was not giving respect to the petitioner and his parents and was ill-treating them in a cruel manner. The respondent''s elder sister is also residing at Sunkadakatte and respondent used to go to her sister''s place frequently without informing either the petitioner or his parents. On 23.03.2013 at about 12.30 p.m. when the petitioner''s mother was sleeping on a deewan cot in the hall, the respondent brutally assaulted her with iron road and caused severe blood injuries on her head. The respondent had covered her face with a veil in order to conceal her identity from the petitioner''s mother. His mother sustained serious injuries and became unconscious. She was treated as an inpatient at Suguna Hospital for four days. But they did not lodge any complaint against the respondent on humanitarian grounds, but, it was reported to respondent''s parents. Then the respondent''s parents told them that the respondent was possessed by devil and she will become alright and that she was behaving in the same manner even prior to the marriage. The said fact was not revealed to them before the marriage. The respondent had a suicidal tendency during her stay in the matrimonial house. She had written a note in her diary stating that her jewellery, cash and her belongings should go to her sister or mother. She also had written some mobile numbers to contact. She had an intention to take away the life of the petitioner''s mother for reasons best known to her. The mother of the petitioner lodged a complaint before the Kamakshipalya Police Station and they have registered an FIR in Crime No. 539/2013 for the offences punishable under Section 324 of IPC. On 30.06.2013, a Panchayat was conducted in the respondent''s village. The respondent totally denied the incident, which took place on 23.03.2013. Now the petitioner''s mother is scared to see the respondent, as there is a dangerous threat to her life by the respondent. The respondent also lodged a complaint for dowry harassment, which amounts to cruelty under Section 13(1)(ia) of the Hindu Marriage Act. Therefore, the petitioner is not interested to lead marital life with the respondent. The respondent also tried to kill the petitioner about 4 to 5 times when he was sleeping by throttling. According to the parents of the respondent, she was under the influence of possession by devil. Therefore, there was a constant fear to the petitioner to lead marital life with the respondent. The conduct of the respondent amounts to cruelty. On 23.03.2013, the respondent''s father took her to native place and from that day she is staying with her parents. The petitioner got to know recently that she has given birth to a female child on 04.10.2013 at Adichunchanagin Hospital. The respondent is quarrelsome and therefore, the petitioner had filed this petition on the ground of cruelty.

Respondent, though served did not enter appearance. She was placed ex parte. Thereafter, the petitioner examined himself as P.W.1 and produced 13 documents, which were marked as Ex. P1 to Ex. P13.

The Family Court, on consideration of the said oral and documentary evidence on record held that the allegations of cruelty are not proved. The case of the petitioner is unbelievable. Absolutely, there is no evidence on record to substantiate the allegations made in the petition and therefore, the petition came to be dismissed. Aggrieved by the said order, the petitioner is before this Court.

The learned counsel for the appellant/petitioner reiterated the very same grounds urged before the Family Court. However, we do not see any substance in any of the contentions. They are married and for two long years they have lived together. The so-called assault on the petitioner''s mother on 23.03.2013 is not proved. The mother of the petitioner, who was assaulted, though living with the petitioner, did not choose to step into the witness box to speak about the assault. Admittedly, no complaint was lodged immediately after the assault. The complaint was lodged only on 10.07.2013 after four months of the so-called assault. It is also not in dispute that on 04.10.2013, a female child was born to the respondent in Adichunchanagin Hospital and the petitioner has preferred the petition on 12.11.2013. It is an arranged marriage, they have lived together for two years. During the wedlock, a child is born. The petitioner is trying to give an impression that he is not responsible for the pregnancy of his wife and that he came to know recently that a child is born. It only shows how he has treated his wife. He is accusing her of suicidal tendencies. He is accusing her of trying to kill him. He is accusing her of assaulting her mother-in-law. The Family Court, on appreciation of all these material allegations has rightly held that the petitioner has failed to adduce any evidence to substantiate all these allegations. The case of cruelty pleaded is not established. In fact Ex. P1 is the Wedding card, Ex. P.2 and Ex. P3 are the Wedding photos, Ex. P.4 is the CD. Ex. P5 to Ex. P10 are the Medical Certificates, Ex. P11 is the copy of the complaint given by the petitioner''s mother. Ex. P12 is the copy of the FIR, Ex. P13 is the Dairy and Ex. P.13(a) is the relevant page of diary. None of these documents would establish the plea of cruelty pleaded by the appellant/petitioner in this case.

In these circumstances, we are of the view that the Family Court committed no illegality in dismissing the petition for divorce. There is no merit in this appeal. Appeal is dismissed.