P KRISHNA KUMARI Vs. A KANDASAMY

JUDGEMENT

(1.) Being aggrieved by the dismissal of her application filed in I.A.No.1477 of 2008 under Order IX Rule 13 CPC and declining to set aside the exparte order of divorce granted in F.C.O.P.No.2103 of 2004, Appellant-wife has filed this Civil Miscellaneous Appeal.

(2.) Marriage between the Appellant and Respondent was solemnized on 09.12.2002 at Tiruchendur according to Hindu rites and customs. After the marriage, Appellant and Respondent lived in Flat No.A-2, 2nd Floor, Southern Apartment, M.G.R.Salai, Saligramam, Chennai-93. According to Appellant, her father bought furniture, colour TV and household articles for the new Flat and had also given money for setting up residence. Spouses shifted their residence to Door No.132 & 133, A V M Avenue, 5th street, Virugambakkam, Chennai. Appellant has averred that after they shifted the residence to Virugambakkam, Respondent was very cruel to her and that he wanted to marry another lady. After writing to her father in Tiruchendur on 30.08.2004 Appellant left the matrimonial house and lived with her father. In the mean while, Appellant's father constructed a house in his own Plot at Vanagaram, Chennai and Appellant has been living there in the said house at Vanagaram, Chennai. Further case of Appellant is that on 12.5.2008, her father sent a relativecum-common friend one Velu to the Respondent's house and the said common friend came and told her father that Respondent had obtained exparte divorce order on the ground that Appellant is mentally ill and suffering from Schizophrenia. Appellant also averred that Respondent got the exparte order of divorce behind her back and that she came to know about the exparte order of divorce on 12.05.2008. Appellant has filed I.A.No.1477 of 2008 praying to set aside the exparte order of divorce in F.C.O.P.No.2103 of 2004 and praying that opportunity is to be given to her in the divorce petition.

(3.) Respondent resisted the Petition contending that Appellant is suffering from chronic Schizophrenia and that he tried to get divorce by mutual consent and given Police complaint to V2 Virugambakkam Police Station on 21.8.2004 in CSR No.230/2004. Respondent further averred that he decided to get divorce by mutual consent and issued legal notice to the Appellant on 22.08.2004 and inspite of receipt of the legal notice, Appellant never changed her attitude. Respondent further averred that Appellant has not cooperated in taking treatment and therefore, he filed Petition for divorce and when the Bailiff went to serve the notice, Appellant refused to receive the same and Bailiff had affixed the notice on the door in front of the house and after seeing the notice issued by the Court affixed on the door, Appellant left the home and never turned back. Respondent further averred that Appellant was well aware of the Court proceedings.