P. KUMAR Vs. S. MALARSELVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree dated 18.12.2013 made in HMOP.C.M.A.No.48 of 2011 on the file of the Second Additional District Court, Erode, in reversing the fair and final order dated 05.01.2011 passed in HMOP.No.174 of 2008 on the file of the Principal Sub Court, Erode.

(2.) The case of the appellant is that the appellant and the respondent are different community and they married on 06.11.2006. Before the marriage, they were employed in Rago computers, and during their employment, they fell in love with each other. Even before the marriage, they had intimacy with each other. As a result of which, the respondent became pregnant before marriage. The parents of the respondent took immediate steps for registration of the marriage and accordingly the marriage was also held on 06.11.2006 in the Sub-Registrar Office at Sivagiri. The appellant and the respondent lived together in a rental house at Surampatty, Erode and a female child was born in the month of January 2007. After the birth of the child, the respondent did not have any interest in the companionship of the appellant, and on many occasions, she without any reason misbehaved with him. The appellant also advised her not to repeat so, but she did not change her activities and also she started to suspect the appellant and caused mental agony to him. In the first week of April 2007, the respondent left to her parents house at Veerappampalayam, Arachalur Village, informing the appellant that she would return after some days, but later she did not returned to home.

(3.) The appellant had met the respondent at her father's residence after two months and requested her to join with him, but the respondent refused to come and abused the appellant in filthy words in presence of his friend. Due to the misconduct of the respondent, the appellant became depressed and not able to lead a happy marital life and the appellant's mother was also committed suicide on 17.06.2007 after knowing about the dissatisfaction of his marital life, but the respondent not even enquired about the same. A Panchayat was convened with regard to their marital life, and even before the Panchayatar, the respondent illtreated the appellant and caused mental cruelty to him. Hence, the appellant had filed a petition for divorce in HMOP.No.72 of 2008 before the Principal Subordinate Court, Erode. When the case was posted for appearance of parties, the respondent was not willing to dissolve the marriage. Hence, the petition was dismissed on 26.06.2008. Thereafter, on 05.07.2008, two rowdies came to the appellant's office and threatened him not to proceed the divorce petition. However, the appellant again filed a divorce petition in HMOP.No.174 of 2008 before the Principal Sub Court, Erode.