To constitute cruelty in a divorce case, the conduct complained of should be grave and weighty, causing danger to life, limb, or health, or giving rise to a reasonable apprehension of such danger. Mere trivial irritations or quarrels between spouses may not amount to cruelty. The filing of criminal cases or civil suits by one spouse against the other does not automatically amount to cruelty.

JUDGMENT :

Vijaykumar A. Patil, J.

This appeal under Section 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dated 17.03.2016 passed in M.C.No.371/2009 by the IV Additional Family Court, Bangalore, by which the petition filed by the respondent seeking dissolution of marriage, was allowed.

2. Brief facts giving rise to filing of this appeal are that the marriage of the appellant and respondent was solemnized on 10.05.1999 at Sri Bhuvaneshwari Kalayna Mantapa as per the customs and rituals. Out of the wedlock two children were born i.e., on 01.11.2000 and 08.12.2006. It is averred that when the couple started living at Bangalore, the appellant started behaving indifferently towards the respondent and other family members, she was always in the habit of abusing his mother and on 16.06.1999, she threw kitchen articles on the mother-in-law and picked up quarrel. The behavior of the appellant was rude, arrogant, disobedient and in the month of January 2000, she left matrimonial home along with her luggage. Later her father has apologized for the incident and then the appellant joined the matrimonial home. The appellant has failed to inform the respondent about the birth of the child on 01.11.2000 and she has not allow him to see the child. It is further averred that on 31.12.2000 the respondent met with an accident the appellant did not take care of him and she was happy about the incident. After the birth of the first child she has refused to return to matrimonial home and at the intervention of elders she rejoined the matrimonial home at Bangalore, however her attitude and behavior had not changed. It is also averred that the respondent has filed M.C. Petition No. 742/2002 for judicial separation, later the same has been withdrawn as the appellant was in good terms with him for some time.

3. On 10.08.2007 in the presence of the friends of the respondent, she has refused to offer coffee to him and slapped the respondent. It is pleaded that on 08.12.2006 she gave birth to a female child and left the matrimonial home on 29.12.2006 without informing the respondent and after the intervention of the elders she returned back to the matrimonial home. It is further pleaded that the appellant has filed complaint 17.8.2007 against the respondent for demand of dowry, the same is registered as Crime No.155/2007 which has ended in ‘B’ Report.

4. The appellant has entered appearance before the Family Court and filed the statement of objections. The appellant has admitted the relationship between the parties and birth of children, she has admitted that they were living happily in Bangalore for some time, however she has emphatically denied the averments of cruelty and desertion made in the petition. It is averred that all the marriage expenses were borne by her parents and he has given Rs.2.00 lakhs cash, 250 gms gold and Rs.25,000/-for purchase of household articles. The respondent and his family members have started demanding more dowry, started ill-treating, harassing using unparliamentary words against her and made her to work as a maid servant. It is also averred that the respondent was in the habit of coming home late and sometimes he refused to take food and used to quarrel with the appellant without any reason and also manhandled her on many occasions.

5. It is also averred that the appellant has performed the duties of a wife, however at the insistence of mother-in-law and sister of the respondent, the respondent used to cause mental cruelty, the respondent stopped eating food in the home and used to come late night he used to open the door by using the key from outside and some days he never came home. The appellant came to know that the respondent has married another lady viz., Nandini and he is residing with her at Mahalakshmi Layout, Bangalore. It is pleaded that she has not deserted the respondent and subjected him to any kind of cruelty as alleged in the petition.

6. The Family Court recorded the evi