D BALAKRISHNAN Vs. PAVALAMANI

JUDGEMENT

(1.) Husband is the appellant. Respondent-wife filed H.M.O.P.No. 94 of 1994 on the file of Family Court, Madurai for divorce under Ss. 12 and 13 of the Hindu Marriage Act, 1955. By order dated 14-3-1997 the Family Court granted a decree for divorce and also directed the husband to pay a sum of Rs. 1,000.00 towards maintenance from the date of petition and Rs. 2,500.00 towards litigation expenses. Aggrieved by the said order, the husband has preferred the above appeal under S. 19 of the Family Courts Act, 1984.

(2.) The facts which are necessary for the disposal of the appeal are briefly stated hereunder : According to the respondent-wife she was given in marriage to the appellant herein on 10-6-1982 and the same was celebrated at Pushpamandapam, New Colony, Madurai. She was taken to her husband's house at Usilampatti. She lived there for about three months. For the three months their marriage was not consummated. The husband did not have any sexual relationship with her during the three months when she stayed in his house. Thereafter, he took her to her mother's house at Madurai on 4-9-1982 agreeing to take her back after six months. Even after expiry of six months he did not take her to his house at Usilampatti. At her instance her brother approached him to take her back, but all the efforts have failed. She had been deserted by her husband without any valid reason from 4-9-1982, she filed the said petition for dissolution of marriage. She also claimed return of articles such as gold jewels etc. The marriage was not consummated as her husband was incompetent to consummate the marriage.

(3.) The appellant/husband has filed a counter-statement stating that the marriage was arranged by the elders. Even on the first night itself he was not allowed to touch her stating that the marriage was conducted against her wish. In view of her attitude he took her to her father's house. He denied all other allegations. The petition for divorce has been filed only to extract money and jewels from him.