D. KARTHIKEYAN Vs. SUPERINTENDENT OF POLICE, THANJAVUR

JUDGEMENT

(1.) The petitioner is the husband. The petitioner has filed HMOP before the Principal Subordinate Court, Thanjavur under Section 13(1)(a) of the Hindu Marriage Act. The said petition being HMOP NO.136 of 2009 is pending.

(2.) In that OP notice was ordered to the impleaded sixth respondent, who is none other than his wife and also the respondent in the OP. She has filed a counter statement dated 03.11.2009 in the OP resisting the claim for divorce. She has stated in the counter that she never left the petitioner's house voluntarily and it is the petitioner who went and left her in her parents house. Though it was promised that he will set up new house and take her back, he has not taken any steps to take her back and even avoided to attend the phone calls.

(3.) The sixth respondent also filed an application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act and that petition being HMOP NO.224 of 2009 is also pending before the same Court.