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2023 Supreme(Kar) 639

IN THE HIGH COURT OF KARNATAKA
Alok Aradhe, Vijaykumar A. Patil, JJ.
Shreelatha Nayak – Appellant
Versus
Ajith Nayak – Respondent
Miscellaneous First Appeal No. 3407 of 2016 (FC)
Decided On : 05-04-2023

Advocates appeared:
A.S. Gupta, Advocate, Shreelatha Nayak, Advocate

Headnote:

Family Courts Act - Dissolution of Marriage - Sec. 19(1) - [CRUELTY] - [FAMILY LAW] - [Family Courts Act, 1984, Sec. 13, Hindu Marriage Act, 1955, Sec. 13] - The court discussed the grounds of cruelty under Sec. 13 of the Hindu Marriage Act, 1955 and the requirement for specific instances of cruelty substantiated with evidence. The court highlighted the need for corroborative evidence of independent witnesses to establish mental cruelty and emphasized that mere pleading of cruelty is not sufficient without such evidence. The court also pointed out that the ground of irretrievable breakdown of marriage is not available under Sec. 13 of the Hindu Marriage Act, 1955, and therefore, the Family Court erred in granting a decree of divorce based on this ground.

Fact of the Case:

The appellant filed an appeal against the judgment and decree of dissolution of marriage granted by the Family Court on the ground of cruelty. The appellant denied the allegations of cruelty and argued that the Family Court erred in appreciating the evidence on record.

Finding of the Court:

The court found that the allegations of cruelty were vague and lacked corroborative evidence from independent witnesses. The court also held that the ground of irretrievable breakdown of marriage is not available under Sec. 13 of the Hindu Marriage Act, 1955, and therefore, the Family Court erred in granting a decree of divorce based on this ground.

Issues: The issues revolved around the allegations of cruelty, the requirement for corroborative evidence, and the applicability of the ground of irretrievable breakdown of marriage under Sec. 13 of the Hindu Marriage Act, 1955.

Ratio Decidendi: The court emphasized the need for specific instances of cruelty substantiated with corroborative evidence from independent witnesses. The court also clarified that the ground of irretrievable breakdown of marriage is not available under Sec. 13 of the Hindu Marriage Act, 1955.

Final Decision: The court set aside the impugned judgment and decree of dissolution of marriage, allowing the appeal.

JUDGMENT/ORDER

VIJAYKUMAR A.PATIL, J. - This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dtd. 11/3/2016 passed in M.C.No.1780/2010 by the III 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 26/11/2007 at Manipal. The couple started living in Bangalore, the respondent is an Engineer by profession and the appellant is a B.Com. graduate and both were working in Bangalore. It is averred that after marriage appellant started ill treating the respondent, she failed to perform the duties of a wife, she never mingled with family members, relatives and friends and was in the habit of finding fault with the respondent, his relatives and friends. It is further averred that appellant started pressurizing the respondent to send his parents back to their native and when he did not agree, she started quarreling by creating scene and humiliated the respondent. It is also averred that appellant has forced the respondent to remove the photographs of family members kept in the bedroom and when the respondent refused to do so, she suspected that he has illicit relationship with his sister-in-law. She did not cook for all the family members and sometimes the respondent slept without any food. There was no peace of mind to the respondent due to the conduct of the appellant.

3. It is pleaded that on 30/5/2010 the respondent left the company of the appellant and started living separately. The appellant has filed false missing complaint before the Bannerghatta Police. It is further pleaded that when the elder sister along with other family members of the respondent went for shopping, their car met with an accident and respondent wanted to verify the same and intended to file a Police complaint, but the appellant shouted and quarreled with him unnecessarily and caused embarrassment. In April 2008, the parents of the appellant visited the matrimonial home, she insisted to take them to temple and thereafter insisted to take them to Nandi Hills and when the respondent informed that it is far away place and they would not be able to return within time, she abused him in filthy language. Similarly in July 2008 when they visited appellant's parents house at Marur, she insisted to visit temple in and around Mangalore, and when the respondent suggested that they would have lunch with his brother, the appellant has objected for the same and informed that the respondent should not have any contact with his relatives.

4. In August 2008 when the house warming ceremony was being performed, the appellant has insulted and humiliated the respondent. When the father of the appellant gave complaint in November 2008 to the jurisdictional police, the police summoned the couple and they have given an undertaking that they would lead happy life. Similarly when the respondent's uncle Sri.Gopal Naik visited the house to advise the couple, the appellant has created scene in front of him and abused him saying that the respondent is having illicit relationship with his sister-in-law.

5. The appellant has entered appearance before the Family Court and filed the statement of objections. The appellant has admitted the relationship of the couple, however, she specifically denies the allegations made in the petition. It is averred that from the very beginning of their married life, their relationship was not cordial and the respondent was of adamant attitude and used to pick up quarrel for silly reasons. The respondent has also forced the appellant to stay alone. He has purchased flat by raising loan making her as co-obligant to repay the loan by force and coercion. It is further averred that the respondent expelled the appellant from the matrimonial home, hence she shifted to another premises. The respondent is working in IBM

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