Husband appealed against dismissal of his divorce petition on grounds of cruelty and desertion. The High Court found allegations of cruelty vague and unsupported by independent evidence, and held desertion disproved since the wife resided at his family's apartment with his family's support. Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A. NO.2339/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE K.S. MUDAGAL AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.2339/2021 (FC)
BETWEEN:
MR. SHIVAKUMAR .K S/O KRISHNAPPA AGED ABOUT 44 YEARS R/AT. NO.65, 4TH MAIN ROAD 5TH CROSS, G.M. PALYA BENGALURU-560074.
..APPELLANT
(BY SRI. DEEPAK J, ADV.,) AND:
MRS. ASHA .T W/O SHIVAKUMAR AGED ABOUT 40 YEARS R/AT. FLAT NO.204, 2ND FLOOR SCIAN VISHA APARTMENTS 6TH MAIN ROAD, G.M. PALYA BENGALURU-560031.
….RESPONDENT
(BY SRI. KESHAVA K, ADV.,)
THIS M.F.A. IS FILED U/S 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 09.03.2021 PASSED IN MC NO.1546/2017 ON THE FILE OF THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i-a)(i-b) OF HINDU MARRIAGE ACT.
THIS M.F.A. HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT THIS DAY, VIJAYKUMAR A. PATIL J., PRONOUNCED THE FOLLOWING:
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JUDGMENT
Challenging the judgment and decree of rejection of his petition for divorce, the petitioner in M.C.No.1546/2017 on the file of VI Addl. Prl. Judge, Family Court, Bangalore, has preferred this appeal.
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attempts to convince the respondent, she did not change her attitude. The respondent was in the habit of quarrelling with in-laws and never prepared food for them and if the petitioner questioned the same, she used to quarrel with him in an inhuman manner and used to abuse him employing unparliamentary words. The respondent never looked after his aged parents and she was a quarrelsome lady and used to quarrel with the other family members. It is pleaded that the petitioner advised the respondent on a number of occasions to change her attitude, but she did not. Such acts of the respondent - wife caused mental agony to the petitioner. The respondent, without any reason, left the matrimonial home in the month of January 2015 by deserting the petitioner. It is further pleaded that the petitioner convened a panchayat to resolve the matrimonial dispute and tried to convince the respondent to bring her back to the matrimonial home. However, she refused to join the petitioner and to lead the conjugal life. It is also pleaded that though the respondent is residing separately, the petitioner is taking care of the needs of the respondent and the children. It is averred that respondent has filed a false complaint against the petitioner, his aged parents, sister and sister's daughter on 16.03.2017 before the Byappanahalli police station. The police made the entire family
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to sit in the police station from morning till late in the night as the respondent's family members are politically influential persons and such acts of the respondent caused mental agony to the petitioner and his family members forcing him to file the petition seeking dissolution of marriage on the grounds of cruelty and desertion.
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their children, hence, they asked the petitioner to move out of their house along with his wife and children. Accordingly, they moved into another house, which was adjacent, in the year 2011. Even thereafter, the respondent used to take care of her in-laws. The in-laws have resolved the dispute between themselves. The petitioner left the respondent and children and went back to his parents house in January 2017. It is pleaded that even after staying separately the petitioner and his parents started demanding more dowry on the pretext of petitioner starting new business and started harassing the respondent. The parents of the respondent have given money to the petitioner, however he squandered the money on gambling and addicted to alcohol and also maintained illicit relationship. It is further pleaded that the petitioner took away all jewellery given to respondent by her parents and pledged them with someone for money and the money obtained by the petitioner was spent for his habits. The petitioner forced the respondent to terminate the Fixed Deposit of Rs.5,00,000/invested by her father in her name and he used the said amount for his habits. It is also pleaded that the petitioner was in the habit of quarrelling with neighbours and they have filed complaint, the police have arrested the petitioner and he was in jail for a period of three months, which has caused great
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humiliation and embarrassment to the respondent and his entire family. The petitioner was in the habit of insulting the respondent, never took care of her and children, left them in lurch, and went back to his parents house in the year 2017, however, he has falsely claimed in the petition that the respondent has deserted him. Hence, she sought dismissal of the petition filed by the petitioner-husband for dissolution of marriage.
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ready to reside with the petitioner, which clearly goes to show that she has deserted the petitioner. It is further submitted that the Trial Court has failed to take note of the fact that the respondent has filed false police complaint against the petitioner and his family members and made them to stay in Baiyappanahalli police station which itself is a cruelty. It is also submitted that the respondent made unfounded allegation that the petitioner was having illicit relationship with another woman and an act of character assassination of the petitioner. It is contended that the petitioner was ready to take back the respondent to matrimonial home and intend to lead peaceful life. However, the Court below has not appreciated the oral evidence of PW-1 in its proper perspective. Hence, he seeks to allow the appeal and in turn his petition for divorce.
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demand for dowry. It is also submitted that the petitioner has squandered the money paid by the parents of the respondent, loan amount borrowed from different persons and bank in the guise of doing business, however, he is not doing any such business. It is further submitted that during the course of cross-examination the petitioner has admitted that he has attended the function when his daughter has attained puberty and he is seen in the photograph at Ex.R-6. Thus, allegation of desertion is contrary to the evidence available on record. Hence, he seeks dismissal of the appeal.
"Whether the impugned judgment and decree
of the Trial Court calls for interference in the appeal filed by the petitioner"?
ANALYSIS
Reg. cruelty:
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11.04.2002. The petitioner filed the petition seeking of dissolution of marriage on the grounds of cruelty and desertion. The allegations of cruelty are that the respondent used to pick up quarrel for trivial reasons, she did not prepare food for the petitioner and his parents, used to abuse them in unparliamentary language, the petitioner tolerated the mental cruelty of the respondent, however, she has not changed her attitude. Further allegation is that a false complaint has been filed by the respondent against the petitioner and his parents and dragged them to the police station and since 2015, she has been residing separately in flat No.204, Seion Vishata apartment. The petitioner requested the respondent to join the matrimonial home but she has refused to join the petitioner and informed him that she would join only after the death of his parents. The allegations of cruelty by the petitioner have been denied by the respondent in her counter to the petition. The petitioner has reiterated the averments made in the petition in his evidence. The respondent has specifically taken stand before the Trial Court that the petitioner himself is guilty of torturing the respondent and wilfully deserted her and children without providing any basic amenities and the petitioner has cultivated bad habits.
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produced the complaint Ex.P-2 and statements at Exs.P-3 to P- 5, which indicate that the respondent-wife had filed a complaint against the petitioner stating that the petitioner and others have subjected her to cruelty and insisted her to leave the matrimonial home. The said complaint was recorded as NCR No.176/2017 (non-cognizable register). Exs.P-3 to P-5 are the statements of the petitioner and other family members, wherein they have denied the contents of the complaint. They show that the family bickerings were taken to police station and on counselling the said complaint is closed by the police and no FIR was registered against anyone. That does not amount to filing of false complaint or cruelty.
the respondent has made reckless allegations against the appellant with regard to illicit relationship of the appellant with another woman which itself amounts to cruelty. The respondent, in her written statement, while denying the allegations of cruelty, averred that the appellant has developed addiction to alcohol, womenizing and borrowing money from different persons which has caused humiliation to the entire family. Evidence on record shows that petitioner failed to take care of his wife and children and they were taken care of by his
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father. That lends support to the contention of the respondent that petitioner had squandered the money. Petitioner suppressed the best witnesses i.e., his parents, to prove the allegations of cruelty. He relied only on his self serving statements.
the evidence of RW-1 indicate that due to the bad habits of the petitioner, the respondent was compelled to stay separately
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with her children and elder mother-in-law. The Trial Court, considering the evidence available on record, has come to the conclusion that the petitioner has failed to prove the grounds of cruelty. The said finding of the Trial Court is based on the evidence available on record and it is neither perverse nor contrary to the material available on record calling for interference in the appeal with regard to the grounds of cruelty.
Reg. desertion:
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petitioner in January 2015. PW-1 in his evidence has reiterated the averments made in the petition with regard to desertion. However, in the cross-examination when Ex-R6, a family photo was confronted to him, he admitted that he has attended the function, when his daughter attained puberty, held in the apartment where the respondent and children are residing. If the entire evidence on record is looked into, it is evident that the respondent-wife and children started residing in Seion Vishata apartment which belongs to the petitioner's family at the instance of the petitioner and the parents of the petitioner used to take care of the financial needs of the respondent and children. PW-1 in his cross-examination has clearly admitted his voluntary participation in the daughter's function, which clearly indicates that respondent has not deserted the petitioner. The Trial Court has detailed its reasons with regard to desertion and came to the conclusion that the petitioner has failed to prove the grounds of desertion also. The findings of the Trial Court are based on evidence and they are neither perverse nor contrary to the material available on record calling for any interference in this appeal. Hence, the following:
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ORDER
The appeal is dismissed.
No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
RV/BSR
3 issues framed by the court
Did the appellant-husband prove cruelty under Section 13(1)(i-a) of the Hindu Marriage Act?
Did the appellant-husband prove desertion under Section 13(1)(i-b)?
Should the Family Court's dismissal of the divorce petition be interfered with in appeal?
2 provisions across 2 enactments
Shivakumar K
Asha T
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
