K VEMBADURAI Vs. PADMAVATHY

JUDGEMENT

(1.) The husband is the Appellant. He filed a petition for divorce on the ground of desertion.

(2.) The case of the Appellant was that the marriage took place on 5.7.1971 and within a few months from the date of marriage, the Respondent left the matrimonial home without any justifiable cause, to her parents house and then she returned to the matrimonial home after request made by the Appellant and thereafter in November 1972 she again left the matrimonial home without any reasonable and justifiable cause. A female child was born in February 1973 and the Appellant and his parents were not permitted to see the child. The Respondent also refused to come and live with the Appellant. The Respondent also filed O.S. No. 364 of 1974 for maintenance and maintenance was ordered. Even for the daughter's marriage, he was not invited. As the Respondent is living separately without reasonable and justifiable cause from 1972 onwards, the petition was filed for divorce.

(3.) The Respondent denied the allegations made in the petition and stated that she was driven away from the house by the Appellant and his parents and they demanded 50 sovereigns and even after the birth of the child, they did not come and take back the Respondent and therefore, there is no desertion on her part.