M. UDAYKUMAR Vs. RAJESWARI

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955 has been filed against the judgment and decree dtd. 28/9/2013 passed by the Family Court by which the petition filed by the appellant seeking dissolution of marriage, has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was performed on 2/12/2004. Thereafter, the respondent joined the matrimonial home 4/12/2005. The respondent filed a petition on 2/3/2006 seeking dissolution of marriage on the ground of cruelty. It was inter alia pleaded that after re-joining the matrimonial home, the respondent developed a hostile attitude towards the appellant. It was further pleaded that after 15 days of marriage, the respondent attempted to commit suicide by hanging herself in the matrimonial home. It was also pleaded that the respondent used to ill-treat the appellant in front of the members of the family and neighbours and used abusive words and filthy language. The respondent became pregnant, however, her behavior did not change and the same became abnormally aggressive, due to which her parents were called and she was taken to hospital. Thereupon, it was learnt that the child in the womb is required to be aborted upon the advise of the Gynecologist. The respondent was taken to a psychiatrist on account of her abnormal and rude behavior. It was also pleaded that the respondent was suffering from mental depression. It was pleaded that the respondent left the matrimonial home in August 2005 and came back on 4/12/2005. Again on 6/12/2005, she left the matrimonial home. It was also pointed out that a complaint was filed by the respondent against the appellant. Accordingly, the appellant sought dissolution of marriage on the ground of cruelty that a false and frivolous police complaint was filed against the appellant by the respondent.

(3.) The respondent filed statement of objections, in which inter alia it was admitted that the marriage between the parties was solemnized on 2/12/2004. It was further pleaded that the respondent stayed with the appellant for a period of approximately four months. However, the appellant developed hostile attitude and humiliated the respondent in presence of family members. The factum with regard to threat to commit suicide was denied. It was also pleaded that the respondent did not ever use foul or abusive language. On the other hand, it was pleaded that the respondent was subjected to cruelty in the matrimonial home. It was also averred that the respondent was forced to abort the child.