Smt. V.M. Santhosha Lakshmi vs Mr. D.V. Venkatesha Babu

By consent of both the parties, the appeal is taken for final hearing. The appellant is questioning the legality and correctness of the order passed by the IV Addl. Prl. Judge, Family Court, Bangalore, dated 13.04.2012 passed in M.C. No. 2472/2009 The appellant is the wife of the respondent. The respondent-husband filed the petition for grant of decree of divorce on the ground of desertion and cruelty.

According to the petition averments, the marriage between the parties was solemnized on 23.02.2006 at Annapoorneswari Kalyana Mantapa, in Bangalore. The husband was working as a Software Engineer. The marriage was an utter failure. According to the petition averments, the appellant-wife started spreading rumours alleging that respondent-husband is impotent and that the marriage could not be consummated. It is also the case of the husband that the appellant-wife is an arrogant and adamant lady and that she left the matrimonial home on 24.04.2006 along with the jewels worth more than Rs. 8 lakhs which were presented to her by the husband. An attempt made by the husband to bring her back to the matrimonial home ended in vain. It is also his case that a false complaint was lodged before the Hosur Police in Crime No. 8/2006 and that the husband and his father were sent to judicial custody for 15 days and that the appellant-wife started approaching the employer of the respondent to dismiss him from service and that the respondent was also kidnapped by some of the persons instigated by the appellant and he was taken to a remote place in Tamil Nadu and by assaulting him, his signatures were taken on a number of blank papers. Therefore, the petition was filed for grant of decree of divorce on the ground of cruelty.

The appellant-wife filed objections stating that she was not treated well by her husband and his family members and she was meted with physical torture and that she was ready and willing to join him.

The husband examined himself as PW1. He relied upon Exs.P1 to P5. He was not cross-examined by the appellant''s Counsel. She also did not enter the witness box. In the circumstances, the Trial Court formulated the following two points for its consideration:

Whether the petitioner proves that he was subjected to physical and mental cruelty at the hands of the respondent and her followers?

Whether the petitioner further proves that the respondent has voluntarily deserted him continuously for a period of two years preceding the presentation of the petition?

Both the points were held in favour of the respondent-husband. Accordingly, the decree of divorce was granted dissolving the marriage solemnized between the parties, on the ground of cruelty and desertion. This order is called in question in this appeal.

Having heard the Learned Counsel for the parties, we notice that reasonable opportunity has not been given to the appellant-wife to cross-examine PW1 and also to let in her evidence. Therefore, only on this short ground, the judgment has to be set aside and the matter has to be remitted to the Family Court, Bangalore, for fresh consideration in accordance with law.

In the result, the appeal is allowed. The Trial Court is directed to reconsider the matter afresh without granting any adjournment leniently and the appellant-wife is permitted to cross-examine PW1 and respondent-''husband is also at liberty to adduce further evidence, if any, and that the appellant shall also let in her evidence without seeking any adjournment. If the appellant-wife does not co-operate with the Trial Court in the disposal of the matter within a period of three months, it is open for the Family Court to close the evidence and proceed with the matter in accordance with law. The parties shall appear before the Family Court, Bangalore, on 29.09.2012 and no notices is required to be issued by the Family Court afresh to the parties.