MALLIGA Vs. P.GANESAN

JUDGEMENT

(1.) The appellant is aggrieved by the fair and decretal order dated 31.12.2008 passed by the learned Additional District and Sessions Judge in H.M.O.P.No.196 of 2003.

(2.) By the impugned order, the learned Additional District and Sessions Judge has allowed the petition filed by the respondent under Section 13(1)(a) of the Hindu Marriage Act, 1955.

(3.) The appellant got married to the respondent on 23.05.1983. The respondent filed H.M.O.P.No.196 of 2003 to dissolve the marriage between the appellant and the respondent. It was the case of the respondent in the said proceedings that the appellant had deserted the respondent and had over a period of time developed physical intimacy with one Ranganathan and that the entire village came to know about the same. He alleged that the said Ranganathan was a bus conductor employed with MTC who used to frequent to their shop to buy cigarettes etc. looked after by the appellant. The respondent further alleged that the appellant used to frequent several places like cinema theatre, beach with the said Ranganathan. It was further alleged that in the pretext of visiting their daughter who was at that time studying in Madras, the appellant used accompany by the said Ranganathan. According to the respondent, though he had advised the appellant to mend her ways and to not to lead adulterous life, the appellant however continued to meet the said Ranganathan and lead an immoral life.