R SUDHA Vs. V SENTHIL

JUDGEMENT

(1.) THIS appeal has been preferred by the wife challenging the judgment rendered in O.P.No.866 of 1998 on the file of the First Additional Principal Family Court, Chennai, granting a decree for divorce against her.

(2.) THE case of the respondent/husband is as follows: It is the case of the respondent/husband that he married the appellant on 19.8.1996 and thereafter both the appellant/wife and respondent lived for about eight moths. It is the further case of the respondent that the appellant was short tempered, which created a tension in the family life. THE appellant, did not give any respect to the elders of the family. THE appellant used to pick up quarrel with the respondent and used to leave the matrimonial home without consent and permission. THE appellant used to insist on a separate residence and separate living, which the respondent refused. THE appellant went for delivery on 15.5.1997 and at that point of time, she took all her belongings except some sarees. THE appellant finally left the matrimonial home on 15.7.1997 and thereafter did not join the respondent. Inspite of the attempts made by the respondent, the appellant had refused to join and hence the respondent has filed the petition for divorce, in view of the continuous harassment meted out to him by the appellant.

(3.) A reading of the averments made in support of the petition filed for divorce would show that a decree for divorce has been sought for on the ground of cruelty. It has been stated in the said petition that the appellant herein was highly short tempered and made life miserable. It has been further stated that the appellant used to pick up quarrels and she refused to join the respondent, after the delivery inspite of the efforts made by the respondent to take her back. It is seen from the above said pleadings that no specific incident has been mentioned for coming to the conclusion that the appellant herein has committed cruelty. The averments made are very general in nature. It is also to be noted that there is no averments that the appellant herein has made life miserable for the respondent by alleging that he was having illicit relationship with the above said Karpagam.