S VALLI Vs. N RAJENDRAN

JUDGEMENT

(1.) This appeal has been filed by the wife challenging the decree granted on the file of I Additional Family Court, for divorce in favour of the husband under Section 13(t)(ia) of the Hindu Marriage Act, 1955.

(2.) The brief facts of the case in a nutshell are as follows:

(3.) P.W.1 who is the respondent herein in his evidence has stated that there has been a problem between his sister and brother-in-law and there is a talk of settlement between the parties. In view of the said dispute, his sister came to his house and stayed with him which was objected to by the appellant as a result of the same, she went to her parental home on her own and she also made a threat to commit suicide. His sister came to his house on 3.1.2000 and on 18.1.2000, the appellant left the matrimonial home en the ground of health. She was eight weeks pregnant at that point of time and child was born on 29.8.2000 which was not informed. The respondent went to see the child on his own and thereafter, he was not allowed to see the child and therefore he did not go to see her. From 18.1.2000, the respondent has not joined the appellant. Since the respondent threatened the appellant by stating that she would commit suicide, refused to see the child and also living separately from 18.1.2000, a decree for divorce is to be granted on the ground of mental cruelty.