PUTHALATH CHATHU Vs. NAMBUKKUDI JAYASREE

JUDGEMENT

(1.) Has the wife condoned her husband's matrimonial delinquency If the answer is in the affirmative, her petition for a decree of divorce under S.13(1) of the Hindu Marriage Act, 1955 (for short 'the Act') is liable to be dismissed. The court below answered the question in the negative and granted the decree prayed for by her. Hence this appeal by the husband.

(2.) There is no dispute that the marriage between the appellant and 1st respondent was solemnised on 4-3-1968 and that no issues were born in the wedlock. First respondent alleged that her husband married another lady (2nd respondent) later and begetted three children through that lady. Further allegation is that on all occasions when she questioned him about the said relationship, the husband snorted out and scoffed at her, on many such occasions he thrashed her down. Though the appellant denied the allegation that he married 2nd respondent, he had the temerity to admit, perhaps since he could not help it, that he had promiscuous sexual liaise with her as a result of which three children were born to her. But his effort was to show that the aforesaid illicit indulgence was with the express consent of his wife right from the beginning. Hence he contends that there was no reason for him to assault his wife as his wife had never spoken against his liaison with second respondent.

(3.) Learned Sub Judge who passed the decree found that the allegation of cruelty is true and that there was no consent from her side for the immoral sexual connection which the appellant maintained with second respondent. Lower court also found that the matrimonial delinquencies perpetrated by the husband were not condoned by the wife at any time.