MANOJ C V Vs. VIDHYA

JUDGEMENT

(1.) i) Is proof of irretrievable break down of marriage irrelevant altogether in a claim for divorce on the ground of matrimonial cruelty

(2.) These appeals are preferred by the appellant / husband. The respondent herein is his wife. In these matrimonial appeals, a common order passed in two original petitions is assailed. Those petitions are filed by the rival contestants for divorce and for restitution of conjugal rights. The petition for divorce was filed by the wife whereas the petition for restitution of conjugal right was filed by the appellant / husband. By the said common order, it was found that the husband is guilty of matrimonial cruelty. But the claim for divorce under S.13 was not granted and the lesser relief of judicial separation under S.13 A of the Hindu Marriage Act alone was granted. The prayer for restitution was rejected.

(3.) We shall initially refer to undisputed facts. Parties are referred to as husband and wife. The spouses were married on 01/06/1998. In that matrimony, they were blessed with a baby girl Shreya on 16/03/1999. Parties are Brahmins belonging to well to do and respectable families. There were differences and disputes between the parties. Even for 'Seemantham' ceremony prior to delivery and the 'Namakaranam' ceremony after child birth, it appears that there was discord between the parties. Be that as it may, they continued to reside together till 2000 at the matrimonial home in Coimbatore where the husband resides along with his parents. In 2000, the wife, who is a graduate, returned to her parents at Palakkad and started separate residence there. She joined a Post graduate degree course and completed her studies. During such period of separate residence the child was with the wife.