Subsequent events can be considered in a petition for dissolution of marriage, and mental cruelty can be inferred from a spouse's conduct over time.

JUDGMENT :

B.M. Shyam Prasad, J.

These appeals are filed by the husband impugning the common judgment and decree dated 19.02.2011 in matrimonial cases in M.C.No.5/2008 and M.C.No.2/2009 on the file of the II Additional Sessions Judge, Bellary (for short, 'the family 'Court'). The matrimonial case in M.C.No.5/2008 is filed by the husband for divorce on the ground of cruelty under Section 10 of the (Indian) Divorce Act,1989 (for short, 'the Divorce Act') and the matrimonial case in M.C.No.2/2009 is filed by the wife for restitution of conjugal rights under Section 22 of the Special Marriage Act,1954 (for short, 'the Special Marriage Act'). These cases have been clubbed, and decided by the common judgment and decree dated 19.2.2011. The husband's petition for divorce in M.C.No.5/2008 is dismissed, and the wife's petition for restitution of conjugal rights in M.C.No.2/2009 is allowed. As such, these appeals by the husband.

2. The undisputed facts are that the couple's marriage is solemnised on 13.11.2005 according to the Christian rites and customs. The couple have a daughter, Miss.Krupa born on 30.10.2006. The husband is working as a police constable, and just prior to the wedding, he was working at Hospet, but after the marriage, he started working at Siruguppa. The wife is a government teacher, and even as of the date of the marriage, she was working in a Government School at Halekote Village of Siruguppa taluk. The couple are estranged, and have been living separately ever since the date of the petition by the husband for divorce on 20.11.2008. The husband is staying in a lodge, and the wife is residing in the quarters allotted to the husband.

3. The husband's case is that he is subjected to cruelty by the wife. He reasonably apprehends that it would be harmful and injurious for him to live with respondent, and therefore, he is entitled for divorce. The wife was abusive and he had to suffer severe mental trauma because of the wife's conduct. The wife was in the family way within 4-5 months of the marriage, but she was not interested in continuing the pregnancy. Therefore, she called on a doctor to undergo medical intervention for abortion. When he and his parents tried to counsel the wife, she would retort that she was not a childbearing machine. However, the wife continued the pregnancy after much persuasion. The child was born in the month of October 2006 after a cesarean procedure. The wife stayed with her parents for confinement, but she returned to the matrimonial home with the child after the customary period.

4. The wife insisted that they refrain from any physical intimacy because she did not want to go through the difficulties and pain of childbearing once again. He was denied the comforts of marital life. The wife was accompanied by one of her nieces to assist her in looking after the child, and he had to suffer severe humiliation because the wife would allege that he was intimate with this niece. The wife would insist that none from his family should stay with them, but he is one of the eight siblings, including six sisters and therefore under a pious obligation to provide opportunities for the younger siblings to study. As such, his two younger siblings came to join him and the wife. They were completely humiliated by the wife much to his agony. The wife would put them on house hold work constantly without an opportunity for them to pursue studies.

5. He also had to suffer because the wife was always condescending and disparaging. She would state that he came from a poor background, while she was the daughter of an officer. She would humiliate him. She would insist he change his uniform even if the circumstances were exigent and he to only drop her for shopping on the way to work stating that if she accompanied him while he was in his uniform it would look like she was accompanying a watchman. The wife would also physically assault him, and regularly speak ill of his parents. Therefore, he had to seek the assistance of a