THATCHINAMOORTHY Vs. SIVAGAMY

JUDGEMENT

(1.) Feeling aggrieved by the dismissal of his divorce petition filed on the ground of desertion in M.O.P. No. 38 of 2000 on the file of Family Court, Pondicherry, husband has filed this appeal.

(2.) The marriage between the appellant and respondent was solemnized on 3.2.1997. Briefly stated the case of the appellant/husband is as under: Even during Pen Azhaippu on 2.2.1997, the respondent vomited in the presence of the relatives and the appellant came to know from the neighbours of respondent's house that she had illicit intimacy with another person in her locality and due to pre-marital sex, she conceived before the marriage itself and to avoid any embarrassment, her family immediately arranged for the said marriage. Though appellant had married her, he was not having any sexual contact with her. Only after much persuasion, respondent came for medical check up on 14.3.1997 and the doctor has confirmed her pregnancy. According to the appellant, he has inquired the respondent about the pregnancy and she has openly agreed the truth. Thereafter, elders of both families tried to sort out the problem and according to the appellant, respondent deserted the appellant in the month of March, 1997. Respondent delivered a baby on 18.10.1997. With the intervention of elders, both the appellant and respondent entered into Exhibit P-1 - consent letter/release deed for dissolution of marriage dated 21.7.1999. Alleging that there was no re-union between the appellant and respondent and that she has deserted the appellant without any reasonable cause, appellant filed petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955 and under I(vi) and 4(a)(vi) of the Rules under the Hindu Marriage Act praying to dissolve the marriage.

(3.) Emphatically denying any pre-marital pregnancy and the alleged illicit intimacy, the respondent/wife filed counter contending that appellant is a drunkard and he used to come late in the night and beat the respondent. In the 1st week of April, 1998, the appellant had driven out the respondent from the matrimonial house and she was forced to take shelter at her brother - Muruganandam's house. The child was born on 18.10.1997 and according to the respondent, in medical history, child could be born in 81/2 months duration. She has also denied any desertion and alleged that the appellant had driven her away from the house without any reasonable cause. Respondent has alleged that at the time of mediation, appellant had obtained her signature in the stamp paper and that she was not permitted to read the contents of the document and she was forced to sign in the document. After the marriage, the appellant had illicit intimacy with one Muthulakshmi and when she questioned the illicit intimacy of the appellant with the said Muthulakshmi, the appellant drove her away out of the house and respondent was forced to take shelter in the house of her brother Muruganandam and the respondent prayed for dismissal of the petition.