S THAVAMANI Vs. G SATHYAMOORTHY

JUDGEMENT

(1.) The Appellant/Wife has preferred the present Civil Miscellaneous Appeal as against the order dated 28.10.2009 in H.M.O.P.No.91 of 2007 passed by the Family Court, Coimbatore.

(2.) The Respondent/Petitioner (Husband) has filed H.M.O.P.No.91 of 2007 on the file of Family Court, Coimbatore, under Section 13(1)(ib) of the Hindu Marriage Act, 1955, praying for dissolving the marriage that took place on 31.03.2004 between him and the Appellant/Wife.

(3.) The marriage between the Respondent/Husband and the Appellant/Wife took place on 31.03.2004 at Kurumandur as per the Hindu Rites and Customs. As a result of the wedlock, the Appellant/Wife delivered a male child on 08.01.2005. According to the Respondent/Husband, after the child birth, the attitude of the Appellant/Wife had changed and she started openly showing her hatred towards him. The Appellant/Wife was travelling everyday from Gobichettipalayam to attend her Lectures job. The Respondent/ Husband issued a lawyer's notice, dated 24.08.2005, expressing his love for the Appellant/Wife and his desire to set the family life again. However, the Appellant/Wife caused a frivolous reply dated 26.06.2005, levelling allegations against the Respondent/Husband. The Respondent/Husband also issued a notice, dated 03.09.2005, to the Appellant/Wife, wherein he explained that he was treated badly at her place and she should now go over to Coimbatore on an auspicious day and that an independent house will be set up, though he had faith in the joint family. The Appellant/Wife's Lawyer reply contained frivolous allegations. The intention of the Appellant/Wife to break was evident.