VINOD KUMAR SUBBIAH Vs. SARASWATHI PALANIAPPAN

JUDGEMENT

(1.) These Appeals assail the Judgment of the learned Single Judge of the High Court of Judicature at Madras, Bench at Madurai, delivered on 13.3.2013, setting aside the Judgment dated 25.8.2011 of the Trial Court. The Impugned Judgment dismissed the divorce petition filed by the Appellant.

(2.) The Appellant and the Respondent were married on 28.6.2004 and moved to the U.S. on 9.7.2004. They visited Chennai in October 2005 and June 2006. During the latter visit, the Respondent was three months pregnant and left for her parental home in Madurai on 10.6.2006 where she gave birth to a male child on 5.12.2006. The Appellant subsequently filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act on 30.4.2007.

(3.) The case put forward by the Appellant is that the Respondent was verbally abusive; she would insult his family; she would threaten to lodge false police complaints; and she would threaten to commit suicide placing the blame on the Appellant and his family. After she left for her parental home in June 2006, the Appellant attempted to bring her back to her matrimonial home but she refused. The Appellant claims that he has been put through intolerable mental agony and can no longer continue to be married to the Respondent.