SUGIRTHA Vs. M. SOWRIDHAS

JUDGEMENT

(1.) The fair and decreetal order dated 22.12.2008 passed in O.P.No.51 of 1999 is under challenge in the present civil miscellaneous appeal.

(2.) The petitioner before the trial Court is the appellant herein. A petition was filed under Section 32 of the Indian Divorce Act, 1869, praying for a decree for restitution of conjugal rights against the respondent. The marriage between the petitioner and the respondent was solemnized on 06.09.1996 at Shrine Velankanni Church, Nagapattinam. The petitioner and the respondent started their matrimonial life happily. It is contended that the family friends Mohan, son of Solomon Yesuadian, Jessy Kamalam, wife of Solomon Yesuadian and Sardar, son of Sheikh Hyder were present as witnesses to the marriage. The appellant in her petition has stated that on account of harassment there was a crack in their matrimonial life and for the interest of the children, the petitioner was continuing with the respondent. At one point of time, it is stated that the respondent avoided the petitioner/wife and deserted her on 11.11.1998. Thus, the appellant/petitioner issued lawyer's notice for restitution of conjugal rights and subsequently filed a petition for restitution.

(3.) The respondent contested the case. It is stated that the appellant/petitioner is the wife of one Prakasam and the said Prakasam was working in the Central Leprosy Training and Research Institute at Thirumani and died intestate while he was in service in the year 1990. The respondent was the best friend of Prakasam and the respondent used to visit Prakasam's house while he was alive. After the demise of Prakasam, to help the family, the respondent continued his visit. The appellant/petitioner secured a job on compassionate ground and it is contended by the respondent that there was no marriage between them and the appellant remained as a widow. It is stated that at no point of time, the appellant/petitioner had not contracted marriage with the respondent.