MALAYILMEETHAL KUMARAN Vs. MAMBATTA GEETHA

JUDGEMENT

(1.) This appeal is preferred by the appellant/husband against the dismissal of his claim for divorce under Section 13(1)(ia) of the Hindu Marriage Act (hereinafter referred to as the 'Act').

(2.) The marriage between the spouses had taken place on 05.02.1989. The marriage is admitted. The marriage has undergone a tumultuous course. They cohabitated for some period of time and one child was born. Thereafter they started separate residence. The wife complained that the husband has withdrawn from her society unjustifiably and prayed that there may be a decree for restitution of conjugal rights. She also filed a petition claiming maintenance for herself and the minor. Both the petitions were allowed and a decree for restitution of conjugal rights was passed. The appellant/husband was directed to pay maintenance to the wife and the first child. The appellant/husband had resisted the said petition for restitution of conjugal rights, inter alia, on the ground that the wife is mentally unsound and there can be no cohabitation with her. That contention was found against and the decree for restitution of conjugal right was granted.

(3.) Be that as it may, the parties appear to have settled their disputes and resumed cohabitation after the said decree for restitution of conjugal rights. But that period of cohabitation did not last long. The wife became pregnant again. At that juncture they again started separate residence. The second child was born. The husband thereafter filed an application for restitution of conjugal rights. The wife resisted the said claim. After hearing both sides and adducing evidence, that petition for restitution of conjugal right was dismissed. To the second child the husband did not pay maintenance. This obliged the wife to approach the Family Court with another claim for maintenance. That claim was also allowed.