S.N. SATHYANARAYANA J,

Respondent is M.C. 1310/02 is challenging the decree of divorce dt.19.12.05 granted in M.C.No.1310/2002 on the file of the II Additional Principal Judge, Family Court, Bangalore, dissolving the marriage between himself and his wife petitioner in the said proceedings. The Judgment and Decree dated 19.12.2005 is a common judgment in M.C.No.1310/2002 filed by the wife seeking decree of divorce under Section 13(i)(ia) of the Hindu Marriage Act and O.S.No.75/2003 also filed by the wife seeking decree of injunction against her husband restraining him from making false and defamatory statements against her in respect of their marital relationship. The Respondent husband in the proceeding is challenging the Judgment and Decree passed in M.C.No.1310/2002 only. For the sake of convenience, parties herein are referred to by their status in M.C. Petition in the Family Court.

2. The facts leading to this appeal are, petition is wife respondent is her husband. They are Hindus, their marriage was solemnized on 09.10.2000. The petitioner and respondent are well educated, qualified doctors in medicine. At the time of the marriage respondent was employed as a doctor in Sree Citra Tribunal Institute for Medical Sciences and Technology in Trivendrum and petitioner was just a house wife. The matrimonial house was set up in Trivendrum. Subsequently in August 2001, petitioner was also appointed as doctor in the same institute.

3. The case of the petitioner is, after the marriage initially she and her husband were leading happy and comfortable married life, though her husband is short tempered and would get upset over small things in life. According to her, the mis-understanding started with the desire to purchase a second hand Maruthi Car for their use. On her suggestion Respondent purchased a car for Rs.1,00,000/- which belonged to company run by her father’s friend and the said car was used by her father. Though the car was sold for Rs.1,00,000/-, company issued receipt for Rs.1,50,000/-, for the reason, as on the date of sale book value of the car was Rs.1,50,000/-. According to petitioner it is a minor financial arrangement. The respondent after coming to know of the same created commotion, abused petitioner, her parents accusing them for giving dowry clandestinely without his knowledge. Immediately he paid the difference of Rs.50,000/- to her father, which was accepted by him to avoid confrontation or unpleasant situation with son-in-law. After the incident on any given occasion respondent would take that as an example to show the petitioner and her parents in poor light and call them untrustworthy people who try to influence others with money.

4. That respondent would flare-up for all wrong reasons, would misbehave with her, deliberately insult her in front of family friends, he physically assaulted her on innumerable occasions, would not spare any moment to be little her, in the company of her friends and relatives. She tried to substantiate the same, with following few incidents, (1) During Dasara Festival they were coming to Bangalore, she had packed boiled eggs with other food items, but forgot to pact salt and pepper, noticing the same respondent shouted at her, called her inefficient before their friends. (2) On another occasion concerning sticker used for number plate of car, he picked up quarrel and slapped her in front of his mother and sister. (3) During November 2001 her brother came to see her from USA, respondent did not speak to him on the date when he was going back. (4) Respondent instructed her to book an air-ticket, when she asked through which agency tickets to be booked. He flared up, shouted at her using foul language, not only abused her, also her father and brother with reference to car incident and declared that he has absolutely no trust either with petitioner or any of her family members. (5) In December 2001, in Jayanagar Shopping Complex, respondent picked up quarrel with her and ca