UDAYAKUMAR.S Vs. SINDHU.K.

JUDGEMENT

(1.) THESE appeals are filed by the husband and the respondent in these appeals is the wife. Their marriage was on 14.7.2003 and a child was born in that wedlock on 28.9.2006. Parties separated on 29.10.2008. Thereafter the appellant/husband filed O.P.No.611/2009 for divorce on the ground of cruelty and desertion as provided under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act. Subsequently, the wife filed O.P.No.910/2009 seeking a decree for restitution of conjugal rights. The husband also filed O.P.No.985/2009 praying for the custody of the minor daughter.

(2.) BEFORE the Family Court, on behalf of the appellant/husband, himself and two other witnesses were examined as PWs 1 to 3 and he also produced Exts.A1 to A7. The wife was examined as RW1 and she produced Exts. B1 to B8. The cases were jointly tried and by a common judgment rendered on 26.12.2011, the Family Court dismissed O.P.No.611/200 and allowed O.P.No.910/2009. O.P.No.985/2009 was also dismissed. It is in these circumstances, Mat.A.Nos.137/2012, 157/2012 and M.F.A(G&W) No.41/2012 are filed against the judgments in O.P.Nos.611/2009, 910/2009 and 985/2009 respectively.

(3.) FIRST we shall deal with Mat.A.Nos.137 and 157 of 2012 arising out of the judgments in O.P.No.611/2009 and 910/2009. In O.P.No.611/2009, the husband contended that the wife was in the habit of quarreling with him on silly matters. It is stated that even after the delivery of the child, her behaviour did not improve and that, she did not even take care of his aged father, who was suffering from cancer. The appellant had lost his mother at a young age and his family was being looked after by his mother's sister. According to the appellant, the respondent had adopted a very adverse attitude towards the step mother, who was residing with them and that the respondent failed to perform her marital obligations. He alleged that on 21.11.2005 when the respondent was quarreling with him, she left his company without any reason. Thereafter she was brought back after mediation and in spite of which on 29.10.2008 she again picked up quarrel with the appellant and his relatives and left the house along with her mother. It is in these circumstances, he filed the original petition alleging cruelty and desertion.