PANNERSELVAM Vs. SIVAGAMI

JUDGEMENT

(1.) This appeal is filed by the appellant-husband questioning the correctness and/or validity of the order dtd. 26/2/2016 passed in HMOP No. 435 of 2011 on the file of Principal Family Judge, Coimbatore. By the said order, the Family Court refused to grant a decree of divorce as prayed for by the appellant-husband and dismissed the Original Petition filed by him.

(2.) The appellant-husband, as Petitioner, filed HMOP No. 435 of 2011 under Sec. 13 (i) (i) (a) of The Hindu Marriage Act before the Principal Family Court, Coimbatore and prayed to dissolve the marriage solemnised between him and the respondent-wife on 9/6/1993.

(3.) As per the averments made in the Original Petition, the marriage between the appellant-husband and the respondent-wife was solemnised on 9/6/1993 at Mani Mahal Thirumana Mandapam, Peelamedu, Coimbatore as per Hindu rites and customs. According to the appellant-husband, at the time of marriage, he never made any demand for customary "seervarisai" or dowry and he was unaware as to what were the golden ornaments presented to the respondent-wife by her parents. After marriage, the appellant-husband and the respondent-wife resided as a joint family along with the parents of the appellant-husband. The marriage life was happy for some time and thereafter, the matrimonial life strained due to the attitude of the respondent-wife. The respondent-wife portrayed a different attitude and quarreled with the appellant-husband and his mother very often. The respondent-wife habitually engaged in a quarrel with the appellant-husband, whereby the appellant-husband lost peace. Whenever a quarrel ensued, even for a trivial reason, the respondent-wife used to desert the matrimonial company of the appellant-husband and stayed in her parents house. It was the appellant-husband who used to convince the respondent-wife and bring her back to the matrimonial home every time. The respondent-wife did not like the relatives of the appellant-husband coming to the matrimonial home. Whenever any relative of the appellant-husband visit the matrimonial home, the respondent-wife portrayed a disrespectful attitude and thereby caused acute mental agony to him. On the other hand, if any of the relatives of the respondent-wife visited the matrimonial home, she used to treat them well. When this was questioned, the respondent-wife imposed a condition that the relatives of the appellant-husband should not visit the matrimonial home.