SUBRAMANI Vs. AMUTHA

JUDGEMENT

(1.) Heard learned counsel for the parties through video conferencing due to the Covid-19 pandemic.

(2.) The appellant, having lost his prayer for dissolution of marriage with the respondent on the ground of cruelty and desertion under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, both before the lower appellate Court in C.M.A. No. 7 of 2015 and the trial Court in H.M.O.P. No. 88 of 2011, has filed this civil miscellaneous second appeal raising the following substantial questions of law:-

(3.) The case of the appellant in the H.M.O.P. No. 88 of 2011 before the trial Court was that the parties, after their marriage on 4.9.89, lived for a period of three months only and thereafter, it was alleged that the respondent deserted the appellant from 10.1.90. It was also further alleged that the respondent abused the appellant/husband in filthy language and refused to live with him, on the ground that he had broken his right hand in an accident. Even after the child's birth, the respondent refused to join and there were police complaints regarding this. It was also pleaded that the respondent/wife was an illicit arrack seller and was also arrested by the police. Making such wild allegation for cruelty and desertion, the appellant has filed the petition for divorce.