JAYAKUMARI Vs. BALACHANDER

JUDGEMENT

(1.) This appeal arises out of the Order in H.M.O.P. No. 1596 of 1997 dated 07.04.2004 whereby the Family Court has allowed the Petition filed under Section 13(1)(i-a) of Hindu Marriage Act dissolving the marriage of the Appellant-wife and Respondent-husband on the ground of cruelty. For convenience, the parties are referred as per their array in the Original Petition.

(2.) Petitioner-husband filed Petition for dissolution of marriage under Section 13(1)(i-a) of Hindu Marriage Act. Marriage between the Petitioner-husband and the Respondent-wife was solemnized on 04.12.1994 and after the marriage, the Petitioner and Respondent cohabited as husband and wife at the Petitioner's house at No. 49-A, 1st Cross Road, Pillayar Koil street, Maduvankarai, Chennai. Case of Petitioner-husband is that he was treated like a servant and that Respondent-wife was ill-treating him and he was patient when the Respondent ill-treated him. Further case of the Petitioner is that on the evening of 22.02.1996, Respondent left the Petitioner's house when she was in the family way. According to Petitioner, father of Respondent performed Seemantham Ceremony on 11.08.1996 and the same was not informed to the Petitioner-husband. Petitioner written a registered letter on 16.08.1996 asking the Respondent to come and live with him amicably, but there was no response. On 06.11.1996, out of lawful wedlock a girl child was born. After the birth of girl child, Respondent had given a complaint to the Police and at the intervention of Police and one Parameswaran, panchayat was held and it was agreed that Petitioner would set up a separate matrimonial house. Accordingly, separate residence was set up at Velachery. According to the Petitioner, after the initial milk boiling ceremony, Respondent was taken back by her father and Respondent has not turned as promised. Petitioner had also issued legal notice on 07.05.1997 calling upon the Respondent to come and live with him, for which the Respondent has sent reply on 02.06.1997.

(3.) Further case of Petitioner is that on 29.09.1997, Respondent had lodged a private complaint before the Court alleging that Petitioner and his family members attempted on her life by pouring kerosene and the same was taken on file as C.C. No. 630 of 1998 under Section 498-A and 406 IPC and other offences. Petitioner and his family members were convicted and sentenced to undergo RI for three months and fine of Rs. 3,000/- each was also imposed. Alleging that the offence is of serious in nature which has caused mental cruelty to the Petitioner, Petitioner has filed Petition under Section 13(1)(i-a) of Hindu Marriage Act for dissolution of the marriage.