K PALANISAMY Vs. P SAMIATHAL

JUDGEMENT

(1.) The appellant, the husband filed H.M.O.P. No. 112 of 1996 before the Principal Subordinate Judge, Erode against the respondent for divorce on the ground of desertion. They were married on 28-5-1964. The respondent was related to the appellant and a few years older than him. Two children were born, a male by name Rejendran in 1968 and a female by name Padmavathy in 1974. According to the appellant he was in a transferable job. His parents as well as the respondent disliked the fact that he was constantly moving from one place to another and wanted him to resign his job and settle down in his native village. The appellant refused to do so. In 1979 when he was posted in Erode he allowed the respondent and his children to stay with his parents in the village. According to the appellant, the respondent used to dominate him and because she was uncultured she felt isolated from her neighbours who were cultured and educated. She was encouraged in her conduct by the appellant's parents. His requests to the respondent to join him were in vain and she would threaten the appellant that if he forced her to live with him she would commit suicide. In August, 1984, when he requested her to join him she tried to commit suicide, but she was rescued. After that he did not force her to join him. In September, 1994, the appellant went to Chennai to pursue higher studies. The respondent refused to joiin him and she also did not allow the children to move with him freely. After 1979, she failed to perform her marital obligations. He was posted in Arani for four and half years and thereafter at Madras. Because of her illiteracy his only daughter died in 1994 due to rabies. The only son of the appellant also has become mentally unstable because of the ignorance and illiteracy of the respondent. The respondent has a morbid mind and there is no mutual adjustment and understanding. She is very money minded. The respondent had treated the appellant with cruelty and therefore, the appellant is no longer interested in retaining the marital bounds. In the first week of Chitirai 1990, an effort was made for reunion before the Panchayatars. But this also failed. Since the respondent had practically deserted the appellant from Chitirai 1990, he filed this petition for divorce on the ground of cruelty and desertion.

(2.) The respondent denied all the allegations and submitted that it was only at his request that she stayed with his parents when he was working in Erode, in 1977. The case that she neglected him or treated him with cruelty or she tried to commit suicide was denied. The daughter died in spite of the best efforts of the respondent and the appellant totally neglected even his own daughter, and the illhealth of his son. The appellant has not taken any efforts to help them but has shifted the blame on the respondent. The case of the Panchayat in Chitirai 1990 was also denied. According to the respondent, it was the appellant, who had deserted her while she was always ready and willing to join him. It was the appellant, who was ashamed of her because she was a village woman and had isolated her and deserted her.

(3.) The learned Principal subordinate Judge, Erode on a consideration of the oral and documentary evidence granted a decree dissolving the marriage. The respondent filed an appeal before the District Judge, Erode. The learned Judge held that neither cruelty was made out nor the factum of desertion and allowed the appeal. Against that the present second appeal has been filed.