J. SHYAMALA Vs. P. SUNDAR KUMAR

JUDGEMENT

(1.) THIS Civil Miscellaneous Second Appeal is directed against an order of the First Additional Judge, City Civil Court, Madras in C.M.A. No. 225 of 1986 wherein he dismissed the appeal and confirmed the order of the Second Assistant Judge, City Civil Court, Madras in O.P.No.628 of 1982 wherein he ordered judicial separation in a petition filed by the husband against his wife for divorce under Section 13(1)(a) and 13(1)(b) of the Hindu Marriage Act.

(2.) THE petitioner -husband married the respondent -wife on 24 -8 -1980. During the night of the marriage day itself his wife pleaded with the husband that she did not consent to the marriage but it was forced on her by her parents. He believed what all she said. Because of this there was no consummation of the marriage. He hoped that in course of time she would reconcile to the marriage and there will be consummation. But she never behaved as a wife should behave towards her husband. One day in the Music Academy Hall she sat by the side of one Padmanabhan with whom she had told him that she had intimate association for a long time. She then left his house. In these circumstances the petitioner had to issue a notice to her on 25 -2 -1981. His attempts through his well -wishers to bring back the wife failed. The petitioner has further stated, with some particulars, that the wife had taken away some articles and cash from his house. He has further stated that the wife began abusing him on the way to the school where he was working as a teacher and other public places and therefore he had to give a complaint to the police on 16 -9 -1981, and on 18 -2 -1982 she came to the petitioner's school along with her parents and brother and some hidings and he was abused, assaulted and they tried to kidnap him to murder but they failed in that attempt due to the timely intervention of some teaching staff members. Thus the respondent -wife deprived him of her company and deserted him and committed acts of cruelty. Therefore he had no other alternative but to file the petition for divorce.

(3.) THE respondent -wife filed a petition I.A. No. 12379 of 1983 under Section 27 of the Hindu Marriage Act for ordering the petitioner to deliver to her the articles and properties presented to her at the time of marriage by her parents and relations which are with here husband. As against this the petitioner -husband filed a counter stating that he is prepared to return some of the article mentioned in the petition (specified in the counter) but not others as the respondent -wife is not entitled to them.