S N SURESHBABU Vs. LATHA

JUDGEMENT

(1.) THE Appellant/Husband has filed the present civil miscellaneous appeal as against the order dated 24.7.2009 in O.P.No.2175 of 2004 on the file of the learned II Additional Judge, Family Court, Chennai.

(2.) THE marriage between Appellant/Husband and the Respondent/Wife took place on 28.2.1996 at Nalavazhvu Kalyana Mandapam, No.81, Avvai Shanmugam Salai, Lloyds Road, Chennai -14, according to Hindu Rites and Customs. After marriage, both of them lived together in Appellant/Husband's house. As a result of the wedlock, a female child, viz., Kavitha @ Jajol was born to them on 21.1.1997. After deliverance of the child, the relationship with the Respondent/Wife was not cordial. According to the Appellant/Husband, the Respondent/Wife used to pick up quarrels and threaten him to live in a separate house. The Respondent/Wife shifted her house to No.7, Nehru Nagar IV Street, Cholapuram, Ambattur.

(3.) IN the O.P.No.2175 of 2004 filed by the Appellant/Husband under Section 13(1)(i), (ia) and (ib) of the Hindu Marriage Act seeking Divorce against the Respondent/Wife on the ground of cruelty, he has mentioned that his wife was having illicit intimacy with one Muthu. Admittedly, the said Muthu was not impleaded as a party to the proceedings in the Original Petition, to prove the allegation of adultery.