R.SURESH Vs. RAJESWARI

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal has been filed, against the judgement and decree, dated, 15/12/2009, passed in CMA.No.26 of 2009, by the Principal District Judge, Trichy, confirming the judgement and decree, dated, 23/10/2008, passed in HMOP.No.3 of 1997, by the Principal Sub Judge, Trichy.

(2.) The case of the Appellant as set out in the HMOP is that the Respondent herein is his wife and their marriage took place on 28/8/1987 according to Hindu Rites and Customs and out of the wedlock, a female child was born to them in February 1991 and she often used to go to her mother's place and stay there for a long time and she did not behave as a dutiful and affectionate wife. Even when he was bedridden due to a road accident on 16/8/1989, she did not come to see him. On 26/5/1993, the Respondent without the knowledge of the Appellant, she left the matrimonial home with the child, with jewels and other belongings. The attempts of the Appellant to bring the Respondent back to the matrimonial home ended in vein. On 7/11/1996, the Respondent gave a false complaint against the him and the Police treated him disrespectfully. Thus, the Respondent deserted the Appellant and caused mental cruelty to him. Hence, the HMOP has been filed, for dissolution of the marriage.

(3.) The case of the Respondent, as set out in the counter filed in the HMOP is that the Petitioner did not take care of her and the child and he was having illicit intimacy with one Kala and they begot a child on 21/10/1993 and only on coming to know about the same, she gave the complaint and the said Kala also gave a statement and that the Respondent apprehending danger to her life, she has been living separately and she did not desert the Petitioner, but she was driven out of the home by the Appellant and prayed for dismissal of the HMOP.