SMT. JYOTHI Vs. DR. A. SHANTHAMURTHY

JUDGEMENT

(1.) The appellant/wife filed a suit seeking for a decree of permanent injunction to restrain her husband from contracting a second marriage during the subsistence of his marriage with her.

(2.) It was the case of the wife that she had married the respondent on 23.04.2008 and out of the said marriage she had borne him a daughter by name Spoorthy in the year 2009. It was her case that when she was pregnant with the first child her husband had insisted that she undergo an abortion and because she had refused to accede to this demand, he was annoyed and he thereafter started ill-treating her. It was her case that after the child was born, he had even refused to meet her and her child and despite several attempts for reconciliation, her husband did not join her and on the other hand, he had initiated proceedings for divorce in M.C.No.105/2010. It was her case that the petition filed by her husband seeking for divorce was dismissed and an appeal in MFA.No.371/2012 filed against the petition was also dismissed.

(3.) It was her case that during one of the hearings in the Court cases, her husband had proclaimed that he was going to marry for the second time and he informed them that they may take any steps that they wanted in this regard. It was her case that she made enquiries and was informed that he was making a hasty attempts to marry for the second time and hence she was constrained to file the suit seeking for an injunction.