MEENAKUMARI Vs. T THIRUKUMARAN

JUDGEMENT

(1.) The appellant is the wife of R-1 herein and the couple were married on 30/11/1998 at Madurai and out of the wedlock, they have a girl child by name Shruthi, who is ten years old. In her petition filed under Chapter III read with Section 9 of the Hindu Marriage Act, 1959, she contended that her husband, soon after the marriage, showed lack of interest and exhibited abnormal behaviour and went on changing his job and ultimately withdrew from matrimonial home in April 2006.

(2.) It was also the case of the appellant before the Family Court in her petition that several demands were made by R-l husband on the appellant and she was insulted by R-1 husband and was subjected to harassment and cruelty. She came to Bangalore in September 2000 along with her daughter and lived with the respondent-husband, but situation did not improve and again, the appellant had to go to her parental house and stayed there till May 2003. However, with the hope of saving the married life, the appellant contacted her husband and he in turn agreed to take care of the child's welfare but did not show any inclination to continue to lead marital life with the appellant. It was also her case before the Family Court that her husband took her to Cochin and left her and the child and went to Mumbai.

(3.) Making further averment in the petition before the Family Court as regards harassment to which she was subjected to and refusal on the part of her husband to resume marital life, the appellant prayed for a judgment and decree to restore the conjugal rights of the parties and for maintenance to be paid to the appellant and her daughter at Rs.40,000/- per month till the Court restores the conjugal rights of the parties.