KUSUMA Vs. R. VENKATARANGA

JUDGEMENT

(1.) This appeal filed under Sec. 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') by the wife, challenge is confined only to the quantum of permanent alimony granted by the trial Court while allowing the petition filed by the husband under Sec. 13(1) (i-a) and (i-b) of the Act granting a decree of divorce.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) FACTS: The marriage of petitioner and respondent was solemnized on 5/3/2001 at Kollegal. However, respondent had ran away from the reception. Later on they had returned to the matrimonial home. Within half an hour, the respondent went to the bathroom and had consumed tablets. She had disclosed that she was suffering from stomach pain and was unfit for marriage or to have children. On the next day, she was crying with stomach ache and therefore, the petitioner had to take her to parent's house and requested them to get her medical care. Even though the petitioner tried to get her medical care, the same did not yield any result. The marriage between the petitioner and respondent had not been consummated. Even though panchayaths were held, the respondent did not cooperate and ultimately, she continued to stay in her parents house. As on the date of filing the petition, respondent had deserted the petitioner for six years. The conduct of the respondent in depriving the petitioner of matrimonial cohabitation amounts to cruelty. In the absence of any other alternative, he has filed this petition.