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2023 Supreme(Kar) 345

S. G. PANDIT, VIJAYKUMAR A. PATIL
Ashwini W/o. Chandan Shanbag – Appellant
Versus
Chandan S/o. Krishna Shanbag – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. Sunitha P. Kalasoor.

JUDGMENT :

This appeal is filed under Section 19(1) of Family Courts Act, 1984 (for short, 'the Act') against the Judgment dated 01.04.2022 passed by the Principal Judge, Family Court, Dharwad in M.C.No.338/2019 by which the petition filed by the appellant-wife seeking dissolution of marriage on the ground of cruelty was dismissed.

2. Brief facts giving raise to filing of this appeal are that the marriage between the appellant and respondent was solemnized on 19.05.2005 as per the customs prevailing in their community. The appellant-wife moved to Bengaluru to lead marital life with the respondent-husband. It is averred that the respondent-husband brought the liquor bottle to the house and started drinking daily and the respondent forced the petitioner to get ice cubes from the landlord's house, which was uncomfortable for her, as the men in the landlord's house were not decent. It is also averred that when the appellant objected to get ice cubes or when she objected him from consuming liquor, the respondent used to assault her, abuse her in filthy language and forced the appellant for sexual intercourse without her consent. It is averred that to overcome the depression caused by the

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