P.MARIMUTHU Vs. SUMATHY

JUDGEMENT

(1.) C.M.S.A.No.5 of 2014 has been filed by the appellant/husband against the judgment and decree dated 20.10.2010 in CMA. No.15 of 2004 on the file of the Principal District Court, Namakkal, confirming the fair and decreetal order dated 13.01.2004 in HMOP. No.69 of 2002 on the file of the Subordinate Court, Namakkal.

(2.) C.M.S.A.No. 14 of 2014 has been filed by the appellant/husband against the judgment and decree dated 23.10.2013 in CMA. No.2 of 2012 on the file of the Principal District Court, Namakkal, passed against the fair and decreetal order dated 24.08.201 in HMOP. No.18 of 2008 on the file of the Subordinate Court, Thiruchengode.

(3.) The marriage between the parties was solemnized on 28.02.1996 at Kongu Vellalar Thirumana Mandapam, Tiruchengode as per Hindu rights and customs. At the time of marriage, the husband gave 13 1/2 sovereigns of gold jewels to the wife and also he spent half of the marriage expenses i.e. Rs.1,00,000/-. After the marriage, the spouses were living together at the appellant's house. In the lawful wedlock, a female child was born on 02.01.1997. After the marriage, the wife lived only for six months and often she come to her parents house. After marriage, the father-in-law of the appellant demanded him to give a security of the appellant's property to get a loan for Rs.20,00,000/- to purchase a Bore well Rigs for doing business from the Bank. After getting loan from the Bank by utilizing security given by the appellant, the wife's attitude completely changed. Due to misunderstanding, the wife left the matrimonial home on 30.08.1996 and she never come back. Thereafter, the wife was conceived. The wife's family did not invite her husband for Valaikappu function and also they did not inform the birth of the child. When the husband went to hospital to see his child, the wife's family has not shown his child. After made several panchayats, the wife has never come to the matrimonial home to lead a matrimonial life with her husband.