V.R. SATHYANARAYANAN Vs. S. JAYASHREE

JUDGEMENT

(1.) This civil miscellaneous appeal has been brought forth by the husband Mr.V.R.Sathyanarayanan to reverse the decree of dissolution of marriage on the ground of cruelty granted by the trial Court.

(2.) Learned counsel appearing for the appellant/husband pleaded that the marriage was solemnized on 30/8/90 between the appellant and the respondent at Jaya Kalyana Mandapam, Periyar Nagar, Madras as per the Hindu rites and customs. Out of the wedlock, two children S.Anitha and S.Aravind Kumar were born to them. Now they are aged about 26 and 24 years respectively. After 26 years from the date of marriage, the respondent/wife filed the petition for divorce under Sec. 13(1)(i-a) of the Hindu Marriage Act for dissolution of marriage on the ground of cruelty pleading that from the date of marriage, the relationship between the parties were not cordial and the appellant/husband never looked after the family; that the appellant ill-treated, harassed and insulted the respondent/wife in various ways; that the appellant stated frequently that he never liked the respondent and thereupon abused her for not being highly educated, for which acts the respondent got offended. Therefore, she was constrained to approach the Court below praying for a decree of divorce on the ground of cruelty. The appellant/husband, filing a counter affidavit, denied all the allegations. It was also the argument of the appellant before the Court below that the respondent/wife never involved herself in any household chores and would make every attempt to desist from doing any household works and sometimes, she would not even serve the cooked food to the appellant. Whenever the appellant requested the respondent to serve food, she would always abuse him and behave in a rude and arrogant manner and that she would pick up quarrel with the appellant on flimsy grounds. These facts would clearly show that the matrimonial life between the respondent/wife were not conducive from the date of marriage. When the appellant/husband, through his savings, deposited a sum of Rs.10.00 lakhs in Indian Overseas Bank, Villivakkam branch for his daughter's wedding, the respondent only pressurized the appellant to conduct the marriage within rupees ten lakhs, as their daughter had an affair with a boy who did not have a good character and that the boy also insisted the appellant to accept for registered marriage without the knowledge of the boy's family. Instead of using that money for the marriage of daughter, the appellant purchased the property and registered the same in the name of the respondent/wife. In spite of doing these good things, it was contended that the respondent/wife lodged a false complaint against the appellant and created mental agony.

(3.) With this background, when the matter was posted for trial, the respondent/wife alone was examined as P.W.1. Again when the matter was posted for cross examination, in view of the failure on the part of the appellant/husband to appear before the Court, the Court below decreed the petition for divorce.