CHANDRASEKHARAN Vs. SANTHAMMA

JUDGEMENT

(1.) This appeal filed under S.28 of the Hindu Marriage Act, 1955 is directed against the order in O.P. (H.M.A.) No. 259 of 1981 of the 1st Additional Subordinate Judge's Court, Trivandrum. The petitioner husband in the above O.P. is the appellant before us. The respondent is the wife against whom the above O.P. has been filed. The marriage between the appellant and respondent took place on 9th September 1978 as per the custom prevalent in the community. Out of the lawful wedlock the first child was born on 2nd October 1979 and the second child on 28th April 1981. However, in January 1981, the respondent started residing separately. According to the appellant in spite of all the attempts the respondent refused to come and reside with him. Ultimately the above petition for divorce was filed under S.13(1)(ia), that is to say, on the ground of cruelty. The court below conducted enquiry and ultimately dismissed the petition. Being aggrieved., by the said order the present appeal has been filed.

(2.) Heard the counsel for the appellant and also the respondent.

(3.) Before going into the merits of the case, it has to be observed that some attempt had been made by this court to have a reconciliation between the parties. In that process both parties were directed to appear before the court. On appearance the respondent expressed before the court that she is willing to come and reside with the appellant. However, the appellant is not prepared to take her. In that situation the attempt of the court for reconciliation was in vain. However, while examining the case on merit, we do not rely on such circumstances that happened during the pendency of the appeal.