U. DHANDAYUTHAPANI Vs. SASIKALA

JUDGEMENT

(1.) The judgment and decree dated 14.02.2006 passed in CMA No.7 of 2003 on the file of the Principal District Court, Namakkal, reversing the judgment and decree dated 10.08.2001 passed in HMOP No.69 of 1995 on the file of the Sub Court, Sankari, are under challenge in the present Civil Miscellaneous Second Appeal.

(2.) The facts in nutshell to be considered for the purpose of deciding the present Civil Miscellaneous Second Appeal are that the marriage between the appellant and the respondent was solemnized on 12.09.1993 in Arulmighu Ayyappasamy Prayer Hall, Komarapalayam as per Hindu Rights and Customs. Unfortunately, the spouses left the matrimonial home on account of indifferences between them on 24.01.1994. Admittedly, from 24.01.1994 onwards, both the appellant and the respondent have lived separately for the past 26 years.

(3.) On 15.07.1994, a girl child was born from and out of the wedlock between the spouses. In view of the fact that the appellant and the respondent left the matrimonial home and were living separately, a legal notice was issued by the appellant on 02.08.1995 and a reply notice was sent by the respondent on 11.08.1995. Subsequently, the appellant-husband filed HMOP No.69 of 1995 on 20.09.1995 before the Sub Court, Sankari for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty.