MALARVIZHI Vs. POOVALINGAM

JUDGEMENT

(1.) THE wife is the appellant herein. THE appeal is filed against the order of divorce granted by the trial court as confirmed by the lower appellate court.

(2.) DURING the pendency of the appeal, the husband died and in view of the ratio laid down by the Supreme Court reported in AIR 1997 SC 35 (Yallawwa v. Shantavva), the appellant filed an application to implead the brothers of the deceased husband, who are according to her, the surviving II Class legal heirs of her deceased husband as respondents 2 to 4. While so, one Narmada Nachiar also filed an application to implead her on record claiming herself to be the adopted daughter of the deceased respondent. This Court by common order permitted all of them to be brought on record as the respondents 2 to 5 for the limited purpose of deciding the legal status of the appellant in the presence of all the parties claiming themselves to be the legal heirs of the deceased husband.

(3.) THE Trial Court was on the basis of the available evidence, found that the wife had no intention to live with her husband and she acted in such a manner to cause insult, humiliation and such mental agony to her husband and she did not take any legal steps to resume matrimonial relationship and the same amounts to willful desertion and the act of cruelty and granted divorce as prayed for. Aggrieved against the same, the wife filed H.M.CMA.No.2 of 2003. THE lower appellate court though did not agree with the finding of the trial court regarding the act of cruelty, confirmed the order of divorce on the ground of willful desertion on the part of wife. THE lower appellate court while doing so, also found that there is irrevocable breakdown of marriage and there is no possibility for the parties to resume matrimonial relationship. Hence, this CMSA by the wife before this court.