A.N. VISWANATHAN Vs. M.R. SHAIJA

JUDGEMENT

(1.) Dated this the 23rd day of September 2019 SHAFFIQUE, J These appeals are filed by the petitioner in O.P.No.957/2007 and the respondent in O.P.No.1143/2007. O.P.No.957/2007 is filed by the petitioner/husband seeking divorce on the ground of cruelty and desertion. O.P.No.1143/2007 has been filed by the wife seeking restitution of conjugal rights. The parties got married on 9.2.1995 and a child was born in the wedlock on 4.7.1997. In the divorce petition, the husband contended that they were separated for the last 7 years. Even during the early stage of marriage, the wife was not willing to live with him. He was working abroad during the relevant time. After the marriage he left abroad and returned on leave only after two years. Though he insisted his wife to live at the matrimonial home, she was not willing to do so. That apart, his contention was that she behaved in a cruel manner against him and mentally harassed him. She used to allege that he was not capable to continue the marital relationship and was not a loving husband.

(2.) In the objection as well as in the petition seeking restitution of conjugal rights, the wife complained that when the husband had gone abroad, she used to be harassed by husband's sister and parents, as a result of which she was not in a position to live in the matrimonial home and hence left to her parental home. According to her, she is ready and willing to continue the matrimonial relationship and hence she sought for restitution of conjugal rights.

(3.) The above cases were heard along with O.P.No.1142/2007 filed by the wife seeking return of gold ornaments and money. The same has been rejected by the Family Court on the ground that direction had been issued to restitute the conjugal rights. The claim of the wife for return of gold ornaments and money had not been considered on merits. Common evidence was taken in these cases and it was challenging the order in O.P.No.1142/2007 that the wife filed Mat.Appeal 642/2013.