T S MALATHI Vs. B ARULMURUGAN

JUDGEMENT

(1.) BOTH the civil miscellaneous appeals are preferred against the common order passed in O.P.No.2162 of 2007 and O.P.No.185 of 2008 dated 16.6.2009 on the file of the II Additional Principal Judge, Family Court, Chennai.

(2.) O .P.No.2162 of 2007 was filed by the Appellant/Wife seeking dissolution of marriage on the ground of cruelty as per Section 13[1][ia] of The Hindu Marriage Act, 1955 and O.P.No.185 of 2008 was filed by the Respondent/Husband for restitution of conjugal rights under Section 9 of The Hindu Marriage Act, 1955.

(3.) THE appellant and respondent herein are respectively the wife and husband. The marriage between the parties took place on 12.7.2006 at SPS Thirumanamandapam, Saidapet, Chennai. It was an arranged marriage. After marriage, the Appellant/Wife and the Respondent/Husband lived together at Villivakkam in Chennai in a private rented house on paying a monthly rent of Rs.5,000/ -. The Appellant/Wife is a M.Com., Post Graduate and the Respondent/Husband is a Civil Engineer. The appellant's parents gave 50 sovereigns of jewels, besides payment of Rs.10,000/= for dress at the time of marriage and also gave all household articles. From the very beginning of the marriage, the Respondent/Husband was behaving indifferently and that his attitude towards the appellant was very cruel. The Respondent/Husband was not in a position to cohabitate with the Appellant/Wife. Therefore, the Respondent/Husband had gone to the extent of harassing his wife, viz., the appellant. The Respondent/Husband has been behaving like a Hysteria patient. Every night, the Respondent/Husband used to beat the Appellant/Wife and would not allow her to sleep peacefully. However, in order to maintain a harmony in the family, the Appellant/Wife adjusting all the respondent's ill -treatments under the fond hope that he would change his attitude. When the appellant reported about the ill -treatment meted out to her and also his behaviour towards her, to the respondent's father, grandmother, brother and sister, they all kept silent. On 10.3.2007, the Respondent/Husband had driven the Appellant/Wife out of the matrimonial home stating that he did not want to live with her. Thereafter, the appellant informed her parents about the cruel behaviour and the physical torture given to her. On 21.4.2007, when the Appellant/Wife and her parents went to the respondent's place at Cheyyar, in a Panchayat held by the respondent's relatives, especially one Babu, the Chairman of the Panchayat Board, the Respondent/Husband told that he would give consent divorce so that she can live peacefully. Though the household articles given by the appellant's parents were returned to them, the Maruti Car along with RC book standing in her name was not returned to her. Subsequently, the wife filed O.P.No.2162 of 2007 for dissolution of marriage on the ground of cruelty. As a counter litigation, on the other hand, the Respondent/Husband filed O.P.No.185 of 2008 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.