D. SENTHILKUMARAN Vs. R. NIKILA UMADEVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the appellant/husband against the judgment and decree passed in H.M.O.P.No.437 of 2014, dated 07.04.2015 by the Family Court (District & Sessions Court), Tirunelveli.

(2.) The case of the appellant/husband is that the marriage between him and the respondent/wife was solemnized on 02.06.1995 at A.S.K.R. Mahal, Thoothukudi as per Hindu Rites and Customs. Out of wedlock two girl children, namely, Amirthavarshini and Jananidanya were born on 19.12.1998 and 28.06.2004 respectively. At the time of marriage, the respondent was studying at Tirunelveli Medical College by staying in House Surgency Hostel. The appellant/husband was practicing in his father's hospital at Alangulam. After completing the House Surgency, the respondent lived with the appellant at Alangulam for a short period and in the meantime, the respondent often quarreled with the appellant and his mother. Hence, the appellant and the respondent joined in Jeyasekaran Hospital at Nagercoil, from April 1997. Even though the appellant and the respondent lived together at Nagercoil, the respondent often quarrelled and fought with the appellant. The respondent never behaved as a dutiful wife and hence, due to the increasing mental agony, both the appellant and the respondent returned to appellant's parental house at Alangulam. When the respondent was conceived, the appellant joined in Kasthuribai Medical College at Mangalore for his higher studies. So the appellant joined Diploma in Anaesthetics during September 1998. Whenever the appellant visited Thoothukudi to see the respondent, the respondent and her parents neglected the appellant. The respondent also refused to go to Alangulam on repeated request of the appellant. While the appellant was at Managalore, the respondent attempted to commit suicide at her parental house. Due to that, her face was disfigured due to burn injury. The respondent has a habit of threatening to commit suicide which caused mental agony to the appellant. After completing the Diploma in Anaesthetics course, during August 2000, the appellant joined in Tirunelveli Medical College and took Senior Training for six months. The respondent refused to come and live with the appellant and stayed in her parental home. Despite the earnest efforts taken by the appellant's parents and relatives, the respondent refused to come to Alangulam and if she is insisted, she would threaten to commit suicide. After completing the higher studies the appellant jointed in Jeyasekaran Hospital at Nagercoil as Anesthetist. Thereafter, at the request of the appellant, the respondent came to Nagercoil and lived with the appellant with the same attitude of threatening to commit suicide. During October 2001, the respondent joined in Diploma in Anaesthetics at Madurai Medical College. The girl baby was left with the respondent's parents though the appellant wanted the child to be with him. Whenever the appellant went to Thoothukudi to see his child, the parents of the respondent humiliated and neglected him. The respondent after completing her higher studies, came to Nagercoil and second child, namely, Jananidhanya was born at Nagercoil. After visit of the respondent's mother at Nagercoil, the respondent again started quarreling with the appellant during 2006. The respondent suddenly left the appellant and took her children to the appellant's parents house at Alangulam. Subsequently, at the request of the respondent both the appellant and the respondent resided at the ground floor separately. From the month of December 2007, the attitude of the respondent was hostile and whenever the appellant returned home from the hospital, the respondent locked the door and never allowed to see his children. The respondent also demanded that the appellant can see his children only if the property of the appellant's parents is registered in the name of children and also demanded to deposit a sum of Rs.30 lakhs in the name of the children. The respondent's mother is also living with the respondent at Alangulam and the respondent was working at Alangulam in "Sri Hospital" and the demand of the respondent was objected by the parents of the appellant and the relatives. The respondent left the matrimonial house at Alangulam during February 2000 along with the children. On 28.06.2009, when the appellant went to the respondent's house for his second daughter's birth day, the respondent behaved barbarously and threatened everybody. Since the respondent caused mental cruelty, it is not possible for the appellant and the respondent to live together as husband and wife. Hence, he filed a petition for divorce.

(3.) The respondent denied all the averments except admitting the marriage and the two girl children born out of the wedlock. It is the case of the respondent that at the time of marriage, she had completed M.B.B.S. and after marriage, she resided in the House Surgeon's quarters. Since the appellant was at Alangulam, the respondent went to Alangulam weekly thrice and lived together. The respondent did not get any salary when she worked at the hospital of her husband's father. When there was a shortage of money to run the family, both the appellant and the respondent joined in Jeyasekaran Hospital at Nagercoil during September 1996 and both of them were happily living together at Hospital quarters. Thereafter, the appellant resigned his job in order to pursue his higher studies viz., Diploma in Anaesthetics at Kasturibai Medical College at Mangalore and also on his request, the respondent resigned her job. The appellant visited the respondent and their children at Tuticorin whenever he comes on leave. The respondent admits that she had a burn injury on her hands only due to accident and not on account of attempt to commit suicide. When the respondent was at her parental home, the appellant's mother and his uncle one Jamburajan came there and insisted the respondent to divorce the appellant since she did not want a daughter-in-law who is not heeding to her words. During 2000, the appellant again joined the job and both the appellant and respondent live together happily. On the advise of the appellant, the respondent prepared for higher studies and after completing the higher studies both the appellant and the respondent lived together at Nagercoil happily, due to which, she gave birth to the second child. Appellant's mother called both the appellant and the respondent to Alankulam stating that she was unwell and was suffering due to diabetics, also she was unable to administer the School alone because the appellant's father has left her. The appellant stated that he wouldn't be able to go to Alankulam as he has many loans to pay and told his mother that he will send the respondent to Alankulam. When the respondent showed her disinterest in going to Alankulam, the appellant assured that he would come to Alankulam within a year. Then the respondent accepted to go to Alankulam. The hospital was renewed and the "Sri" hospital was handed over to the respondent in March 2006. Since then the respondent resided at Alankulam and admitted both her children at school. Appellant's mother was administering the school and she did not even allow the respondent to visit her children at the school. The appellant's mother also quarrelled with the employees of the hospital and threatened them not to come to work. When the respondent informed that to the appellant , the appellant had advised the respondent to stay patient. Appellant's mother threatened the respondent many times to get out of the hospital and the house. On 24.08.2007, she filed a false complaint on the respondent at the Alankulam police station. The police officers enquired the respondent, then advised the appellant's mother. As the appellant's mother created hindrances to the employees, on 17.09.2007 a police complaint was preferred. The respondent filed a complaint on 28.09.2007 as the hospital employees were beaten and driven out and the hospital was locked due to the animosity over the respondent. The appellant's mother, in the enquiry promised to the police official that she would not interfere in the respondent's profession. On 22.11.2007, the appellant's mother sent a legal notice to the respondent directing the respondent to vacate the house. As the appellant's mother prevented the respondent from parking her car by locking the shed on 27.11.2007, the respondent preferred a police complaint. The respondent was advised to seek remedy from civil court. The respondent filed a case in O.S.No. 941/2007 at the Tenkasi Munsif Court and also obtained an interim order. The appellant is aware of all the above mentioned information. The appellant knew his mother's mistakes and when he spoke to her regarding the same, she refused to listen. The appellant's mother filed a complaint against the respondent that she has stolen some articles from her house. Due to these actions of the appellant's mother, the respondent went through a severe mental agony. The respondent stated her condition to the appellant and the appellant moved the respondent to a different house at Alankulam. The appellant assured that he would come to Alankulam within three months and would solve all the problems. The respondent admitted both her children at a different school. Influenced by his mother, the appellant gradually reduced his visits to the respondent's house. On 28.06.2008, the appellant went to his second daughter's birthday function. The appellant told the respondent that he cannot oppose his mother's words and told that he is going to divorce the respondent and also told the respondent to accept it and to sign the divorce agreement. The respondent refused the same.