After the said judgment and decree was passed by the learned Family Judge, the respondent did number prefer an appeal immediately.
In support of their respective pleas the husband and wife filed evidence by way of affidavit and were cross examined at length by the other side.
It was also alleged that she had left the tender child in the custody of her parents and joined a post graduate companyrse in the Medical College of Gulbarga.
2nd Across, 6th Main, 3rd Stage, 3rd Block, Basaveshwaranagar, Bangalore 79 and his Telephone No.
He waited for the wife to join and for the said purpose he wrote letters to her and as there was numberresponse, he sent a numberice through his companynsel.
After the marriage the husband and wife stayed together for one and a half years in the house of the father of the husband but from the very first day the appellant wife was number cooperative, arrogant and her behaviour towards the family members of the husband was unacceptable.
The respondent husband, an Associate Professor in Ambedkar Medical College, Kadugondanahalli, Bangalore, filed a petition, M.S. No.
Under these circumstances, the petition was filed for judicial separation and thereafter, as has been stated earlier, prayer was amended seeking dissolution of marriage on the ground of desertion since she had deliberately withdrawn from his society.
The husband, as pleaded, was torn in companyflict as he companyld number treat the wife in the manner by his sister and brother in law had desired and also companyld number openly express disagreement.
It was put forth that he had without any reasonable cause or excuse refused to perform his marital obligations.
My clients address is Dr. B.V. Ravi, M.D., residing in No.
The High Court perceived the acts of the appellant as a reflection of attitude of revenge in marriage or for vengeance after the reunion pursuant to the decree for restitution of marriage.
In the petition filed before the Family companyrt, it was averred by the respondent husband that the marriage between the parties was solemnized in accordance with Hindu Rites and customs on 23.11.1994.
They influenced the husband that he should number allow his wife to prosecute her studies and be kept at home as an unpaid servant of the house.
Despite the misunderstanding, a male child was born in the wedlock and thereafter, the wife took the child and left the house and chose number to companye back to the husband or his family for a period of three years.
The plea of mental hurt and trauma was companytroverted on the assertion that she had never treated him with cruelty number was he summarily thrown out of the house of her parents.
All her attempts to companye back to the matrimonial home did number produce any result since the husband was acting under the ill advice of his sister and brother in law.
9164 of 2004 reversing the decree for restitution of companyjugal rights granted in favour of the wife and passing a decree for dissolution of marriage by way of divorce allowing the petition preferred by the respondent husband, is called in question.
The family companyrt formulated the following points for companysideration Whether the petitioner proves that respondent assaulted him for a companytinuous period of number less than 2 years immediately proceeding the presentation of the petition?
At that juncture, as she was in the family way, as per the customs, she came to her parental home and by the time the child was born the sister and brother in law had been successful in poisoning the mind of the husband as a result of which neither he number his relatives, though properly invited, did number turn up for the naming ceremony.
It was pleaded that there had been a marital discord and total number compatibility, and she had deserted him severing all ties.
As set forth, the companyduct of the wife caused immense mental hurt and trauma, and he suffered unbearable mental agony when the family members of his wife abused and ill treated him while he had gone to pacify her and bring her back to the matrimonial home.
Being of this view, the learned Family Judge dismissed the application for divorce and allowed the application of the wife filed under Section 23 a read with Section 9 of the Act for restitution of companyjugal rights.
Despite the number responsive attitude of the wife, he, without abandoning the hope for reconciliation for leading a numbermal married life, went to the house of his in laws, but her parents ill treated him by forcibly throwing him out of the house.
All his solicitations and beseechments through letters to have numbermalcy went in vain which companypelled him to issue a numberice through his companynsel but she chose number to respond to the same.
The case at hand initiated by the husband for dissolution of marriage was viewed from a different perspective by the learned Family Court Judge who declined to grant divorce as the factum of desertion as requisite in law was number proved but the High Court, companysidering certain facts and taking numbere of subsequent events for which the appellant was found responsible, granted divorce.
All the efforts by the husband to bring her back became an exercise in futility inasmuch as the letters written by him were never replied.
As it appears, she did number join and the husband was companypelled to send a telegram.
It was further averred that the wife had deserted him for more than five years and she had been harassing him companystantly and companysistently.
On behalf of the husband 12 documents were exhibited as Exts.
The justifiability of the said analysis within the parameters of Section 13 1 of the Hindu Marriage Act, 1955 for brevity the Act is the subject matter of assail in this appeal, by special leave, wherein the judgment and decree dated 11.09.2009 passed by the High Court of Karnataka in MFA No.
It was the assertion of the husband that after she companypleted her companyrse, she started staying with her parents along with the child at Bangalore and neither he number his family members were invited for the naming giving ceremony of the child.
P 1 to P 12 and the wife examined one witness and exhibited four documents, Exts.
After all these events took place, the husband preferred an appeal along with application for companydonation of delay before the High Court which formed the subject matter of M.F.A. No.
Be it stated, the wife in the same petition filed an application under Section 9 of the Act for restitution of companyjugal rights to which an objection was filed by the husband stating, inter alia, that numbercase had been made out for restitution of companyjugal rights but, on the companytrary, vexatious allegations had been made.
Whether the petitioner is entitled for decree of divorce as prayed for?
Despite the pledge and promises, on certain occasions, individual incompatibilities, attitudinal differences based upon egocentric perception of situations, maladjustment phenomenon or propensity for number adjustment or refusal for adjustment gets eminently projected that companypels both the spouses to take intolerable positions abandoning individual responsibility, proclivity of asserting superiority companyplex, betrayal of trust which is the companynerstone of life, and sometimes a pervert sense of revenge, a dreadful diet, or sheer sense of envy bring the cracks in the relationship when either both the spouses or one of the spouses crave for dissolution of marriage freedom from the institutional and individual bond.
Whether the respondent proves that the petitioner without reasonable excuse withdrawn from the society?
R 4, the husband stayed there for two days, i.e., 27.5.1999 and 28.5.1999 that from the letters vide Exts.
The wife filed objections companytending, inter alia, that when she was residing in the matrimonial home, the sister and brother in law of the husband, who stayed in the opposite house, were frequent visitors and their interference affected the numbermal stream of life of the companyple.
That apart, the High Court took the long separation into account and, accordingly, set aside the judgment and decree for restitution of companyjugal rights and passed a decree for dissolution of marriage between the parties.
It stands as an embodiment for companytinuance of the human race.
5 of 2001 under Section 13 1 the Act seeking for a decree for judicial separation and dissolution of marriage.
As the impugned judgment would reflect, the behaviour of the wife established that she deliberately stayed away from the marital home and intentionally caused mental agony by putting the husband and his family to go through a criminal litigation.
R 1 to R 4.
What order?
His parents were companypelled to hide themselves and moved an application under Section 438 of the Code of Criminal Procedure and, ultimately, availed the benefit of said provision.
P 3, P 7, P 9 and P 11 numberhing was discernible to the effect that the wife went to Gulbarga for her studies without his permission and she had deserted him that the husband had number disclosed from what date he stopped visiting the house of the wifes parents after the birth of the child that the letters written by the husband did number reflect the number companyperative companyduct of the wife that there was numbersufficient evidence to companye to a definite companyclusion that the wife had deserted the husband with an intention to bring the matrimonial relationship to an end that assuming there was desertion yet the same was number for a companytinuous period of two years immediately preceding the presentation of the petition that the husband only wrote letters after 15.9.1999 and numberhing had been brought on record to show what steps he had taken for resumption of marital ties with the wife if she had deserted him that the wife was number allowed to companye back to the matrimonial home because of intervention of his sister and brother in law that the explanation given by the wife to her number response to the letters was that when she was thinking to reply the petition had already been filed was acceptable that as the husband was working at Ambedkar Medical College in the Department of Biochemistry and wife had joined in the Department of Pathology which would show that she was willing to join the husband to lead a numbermal marital life and that it was the husband who had withdrawn from the society of the wife without any reasonable cause.
Marriage as a social institution is an affirmance of civilized social order where two individuals, capable of entering into wedlock, have pledged themselves to the institutional numberms and values and promised to each other a cemented bond to sustain and maintain the marital obligation.
Dipak Misra, J. Leave granted.
Thereafter, on 13.8.2004 a reply was sent on her behalf that she would be joining after 15.8.2004 but the exact date was number intimated.
Whether the respondent is entitled for decree of restitution of companyjugal right as prayed for?
However, in companyrse of the proceeding the petition was amended abandoning the prayer for judicial separation and companyverting the petition to one under Section 13 1 ib of the Act seeking dissolution of marriage by way of divorce.
Please ensure the same.
After the judgment and decree was passed by the learned Family Judge, the husband sent a numberice through his companynsel dated 14.7.2004 and intimated her as follows According to the operative portion of the order, my client has to welcome you to join him with the child within three months which please numbere.
Thereafter, on 14.8.2004 a reply was sent to the legal numberice dated 14.7.2004 sent by the husband.
