JESU ANTONY EZHIL ARASU Vs. S.BABITHA SALMA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order dtd. 12.06.2019 passed in IDOP.No.124 of 2018 by the learned Additional District and Sessions Judge (Fast Track Court), Kaniyakumari District, at Nagercoil.

(2.) The respondent herein is the wife of the appellant filed IDOP No. 124 of 2018 for divorce stating that their marriage was solemnized on 14.07.2004 as per their Christian rites and customs and according to her, her parents gave 20 sovereign of gold jewels to the appellant and 80 sovereign of gold jewels to herself along with cash of Rs.6 lakhs and one Maruthi Car and household articles worth of Rs.50,000/- were given as dowry to the appellant. According to her, after the marriage, they were living together in the matrimonial home at Azhagappapuram and thereafter they shifted to Ambattur, Chennai. According to the respondent/wife, the appellant being not satisfied with the dowry given by the respondent parents at the time of the marriage, the appellant and his family members further demanded dowry for the purpose of purchase a house and to start a clinic. The respondent/wife was harassed by the appellant continuously and she was stopped from meeting her family members. The appellant came to the house with intoxication mode and assaulted the respondent in a brutal manner. The respondent became pregnant and the appellant and his family members insisted the respondent to abort the child. According to the respondent, the appellant who was working as a Railway Medical Officer used to humiliate her in filthy language in front of the staff and patients. According to her, since the appellant misbehaved with a lady staff from Collectorate who came to inspect the hospital she filed a police complaint in Crime No.407 of 2016 against the appellant under the Women Harassment Act. The respondent narrated many other incidents as she also stated on 05.10.2017, the appellant attempted to kill her by attacking brutally but she was rescued by the housemaid and thereafter, the respondent was admitted in Sundaram hospital at Puthoor and she lodged a complaint against the appellant before Thiruvarambu Police Station as she was facing cruelty and life threat at the hands of the appellant. Thereafter, she filed IDOP No.124 of 2018 before the learned Additional District and Sessions Judge, Kanniyakumar at Nagercoil for divorce.

(3.) The appellant herein has filed a counter in the above IDOP denying the allegation of dowry before the Court below. According to appellant, the respondent wanted to settle down in her parents house right from the marriage and he denied the allegations by the respondent herein. He also stated that the respondent/wife is a hysteria patient and she used to shout frequently without any reason. However, the appellant is willing to join with the respondent.