MALARVIJY Vs. KANTHAN

JUDGEMENT

(1.) The present civil appeal arises out of the order and decreetal order dated 12.03.2008 made in M.O.P. No. 187/2004 on the file of the Family Court at Pondicherry.

(2.) The Appellant in this appeal is the wife of the 1st Respondent. The 1st Respondent filed a petition in M.O.P. No. 187 of 2004 before the Family Court, Pondicheery under Section 13(1)(ia) of the Hindu Marriage Act, seeking divorce on the ground of mental cruelty.

(3.) The case of the 1st Respondent is that the marriage between him and the Appellant took place on 7.2.2003 as per Hindu rites and customs. The 1st Respondent's family is a joint family and from the date of marriage, the Appellant had not participated in the household works, and she never respected the elders of the family. She used to abuse the 1st Respondent. The Appellant was not even interested in cohabitation and she never permitted the 1st Respondent to have sexual relationship with her. Whenever the 1st Respondent attempted to have sexual relationship, she used to threaten him that she would shout. When the 1st Respondent questioned the Appellant, she used to tell that she never like men and only due to the compulsion of her father, she had agreed for the marriage. Due to the acts of the Appellant, the 1st Respondent was forced to take liquor, so that he can sleep in the night.