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2023 Supreme(Kar) 1345

IN THE HIGH COURT OF KARNATAKA
ALOK ARADHE, ANANT RAMANATH HEGDE, JJ.
Sri Damodar Raju B. K - Appellant
Versus
Smt Saritha - Respondent
MFA No. 7506 of 2016 (FC) C/W MFA No. 7507 of 2016 (FC).
Decided on : 06-06-2023

Advocates Appeared:
For the Appellant:- Sri Raam Prasad B.S., Advocate.
For the Respondent:- Smt.R.Thean Moli, Advocate.

Headnote:(A) Family Courts Act, 1984 - Section 19(1) - Hindu Marriage Act, 1955 - Section 13(1)(ib) - Petition for dissolution of marriage and restitution of conjugal rights - Husband's petition for dissolution of marriage on grounds of cruelty and mental disorder dismissed; wife's petition for restitution allowed by Family Court - High Court set aside Family Court’s decree, finding the husband's claim of cruelty established and mental disorder unproven - Permanent alimony awarded to wife. (Paras 20, 37, 40)

(B) Cruelty - Definition and established grounds - A series of SMS messages evidencing wife's threats to self-harm and expressing a desire to end the marriage were used as critical evidence supporting claims of cruelty. (Paras 29, 32, 38)

Facts of the case:
The husband sought dissolution of marriage citing cruelty and mental disorder of the wife. The wife contended she was treated cruelly and sought restitution of conjugal rights, asserting that her husband had withdrawn from matrimonial society. (Paras 5, 16)

Findings of Court:
The Family Court dismissed the husband's petition for dissolution but found grounds for the wife's petition for restitution. However, the High Court overturned that decision, granting dissolution based on established cruelty. (Paras 19, 40)

Issues: The court primarily addressed whether there was sufficient proof of cruelty and valid grounds for dissolution or restitution based on the conduct of both parties. (Paras 21, 27)

Ratio Decidendi: The High Court emphasized that the wife's consistent threats, communications indicating distress, and lack of cooperation form a basis for establishing cruelty, while doubts surrounding mental disorder assertions were acknowledged due to lack of evidence. (Paras 28, 33)

Result: Leave granted on appeals, marriage dissolved, and permanent alimony fixed at Rs. 45 lakhs. (Para 40)

Table of Content
1. husband alleges cruelty and mental disorder. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. wife denies allegations and claims cruelty. (Para 11 , 12 , 13 , 14 , 16)
3. analysis of evidence supporting cruelty. (Para 19 , 26 , 29)
4. arguments presented regarding dissolution of marriage. (Para 20 , 21 , 22)
5. mental disorder and evidence discussed. (Para 27 , 28 , 30)
6. court allows dissolution on grounds of cruelty. (Para 37)
7. final order regarding alimony and dissolution. (Para 39 , 40)

ORDER :

Mr. Anant Ramanath Hegde, J. - These two appeals under section 19(1) of the FAMILY COURTS ACT , 1984 arise from the judgment and decree dated 23.8.2016 in M.C. No.2747/2007 clubbed with M.C. No.3231/2013 on the file of V Additional Family Court at Bengaluru. In terms of the impugned judgment and decree the Family Court has dismissed the husband's petition in M.C.No.2747/2007 seeking dissolution of marriage and allowed M.C.No.3231/2013 filed by the wife seeking restitution of conjugal rights.

2. In terms of the impugned judgment and decree dated 23.8.2016, the suit in O.S.No.200/2009 filed by the wife seeking partition and separate possession was also decided by the Family Court and the suit is dismissed. The said judgment and decree dismissing the suit has attained finality.

3. The parties to the proceedings, hereinafter are referred to as husband and wife.

4. The other facts necessary for adjudication of the cases are summarized as under:

    The petition in M.C.No.2747/2007 referred to above was filed by the husband seeking dissolution of marriage which was solemnised on 7.12.2005. The husband sought the dissolution on the ground of cruelty and mental disorder of the wife. Later, the application was filed seeking amendment of the petition seeking dissolution of the marriage on the ground of cruelty.

5. It is the case of the husband that the wife displayed weird behaviour and she used to live in her world. The wife started saying that she and her husband can never be happy and the mother of the husband keeps talking to herself. It is the further contention of the husband that he never went to bed in peace on account of the ill-treatment of the wife. The husband further states that he thought that the wife is unable to live comfortably in the company of his mother and other family members and as such, he thought of setting up a separate residential house for the benefit of his wife. Accordingly, he submits that a separate house was taken on rent in the first week of June 2007 and he shifted to a separate house. It is also his contention that the situation did not improve even after shifting to a new house. He had further alleged that the wife used to pick-up quarrels for no reason with the husband and one day she picked up a kitchen knife and tried to harm herself.

6. The husband has further alleged that on most occasions, his wife used to be untidy, messy and badly dressed. On many occasions, she woke up late and was not having bath till late afternoon. It is also his contention that she used to run the fan at full speed throughout the night without bothering about the discomfort of her husband. It is also alleged that on most of the days when the husband returned home from work had to face frowning behaviour from the wife. It is also his contention that on his return from work, the wife used to demand a detailed explanation as to what the husband has done and he had to report on a minute-to-minute basis the whole day's work. It is also his contention that the wife never bothered to keep the house clean and tidy and on most of the time the house used to be unkempt and dirty. It is further alleged that the respondent used to utter obscene language against the husband.

7. It is also his contention that on one occasion the wife raised a quarrel, went to the kitchen, brought a knife and in the scuffle, the husband's right hand, middle finger and thigh got severely wounded and he had to rush to the hospital to get the wounds stitched. It is fu

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