The main legal point established is that mental cruelty in matrimonial cases can be inferred from deep anguish, disappointment, and frustration, and the absence of mutual respect and understanding can be indicative of cruelty.

JUDGMENT :

B.M. Shyam Prasad, J.

The wife's petition for dissolution of marriage on the grounds of cruelty and desertion in MC No.122 of 2013 on the file of the Principal Judge, Family Court at Tumkur (for short, 'the Family Court') is dismissed by the impugned judgement dated 30 July 2014 and therefore, the wife - the appellant has preferred this appeal under the provisions of Section 19(1) of the Family Courts Act read with Section 28 of the Hindu Marriage Act,1955 (for short, 'the H.M .Act ').

2. The wife's case is that her marriage with the respondent was solemnised on 13.6.2004 at Sri Krishna Kalyan Mantap, M. G. Road, Tumkur. Her parents spent about Rs.5,00,000/ for the wedding, and they paid another sum of Rs.2,00,000/ as dowry to the respondent. This was in addition to the jewellery and silverware that were given by her parents at the time of the wedding at the instance of the husband and his family members. They resided together in a separate premises in the first floor of the matrimonial home for a period of one year. The husband started picking up quarrels over petty issues. The environment at home became vitiated because of the husband's conduct. The husband was advised by her elders to mend his ways and to behave like a responsible husband. But such advice did not have any effect on him, and he continued to harass her for dowry.

3. The wife was continuously threatened by her husband stating that he would put an end to her life and remarry. The husband's family members would instigate him to assault her, and in the morning hours of 4.7.2008, the husband assaulted her physically. The husband acting in a premeditated manner admitted her to M/s Spandana Nursing Home stating that she was mentally unstable. She was administered electricity shock at the Nursing Home. Her family members, on coming to know that the husband was subjecting her to these kinds of extreme cruel acts, secured her discharge from such nursing home, and she was hospitalised with K. C. General Hospital, Bengaluru for treatment. When reconciliation at the instance of the elders of both the families failed, she lodged a complaint with the Rajajinagar Police Station, Bengaluru on 20.7.2008. The Police conducted investigation and filed charge sheet against the husband and his family members.

4. The penal proceedings pending in C.C.No.16237/2008 in these regards are not yet concluded. She, ever since the month of July 2008, has been residing with her father. She, and her family members, are convinced that the husband would not mend his ways and she would never be safe with the husband. The marriage is irretrievably broken down because of the husband's conduct. Therefore, the wife is entitled for dissolution of the marriage both under the grounds of Cruelty' and 'Desertion'.

5. The husband, on the other hand, resisted the petition contending that both the husband and the wife started residing in a separate premises in the first floor of his parents' house. At the time of the wedding, he was working as a Marketing Executive and the wife was working in the Accounts and Administration Department of a private enterprise. They resided together for about 3 years in the aforesaid premises. The wife gradually started visiting her uncle's place in Bengaluru frequently, and her uncle encouraged her to insist upon him to set up a separate residence. He could not agree to the same because his aged parents were dependent on him. In the year 2007, the wife walked out of the matrimonial home and started residing with her uncle at Bengaluru. The wife spurned all his efforts for reconciliation.

6. The wife's conduct agonized him and he started suffering from ill health. The wife was abusive when his elders tried to impress upon her that she should not disrupt the matrimonial life insisting upon a separate residence given their circumstances. The wife lodged a false information with the Rajajinagar police, and based on such wrong information, the Rajajinagar Police registered a F