M.RAMANI Vs. R.NATARAJAN

JUDGEMENT

(1.) This Appeal arises out of an order (05-11-2008) passed by the trial Court/Judge, Family Court, Coimbatore, in H.M.O.P. No. 470 of 2005, whereby petition filed by the respondent herein (Husband) for divorce under Section 13(l)(ia) of the Hindu Marriage Act was allowed.

(2.) Case of respondent, in brief, is as follows :

(3.) Resisting the said case, appellant filed a counter admitting the marriage between them and they lived as husband and wife and denied all the averments made in the petition. The marriage between her and the respondent is not unusual and it is customary to marry the maternal uncle's daughter in all the castes. During the seventh month of her pregnancy, respondent kicked her with his leg on her stomach, which resulted in the birth of mentally retarded and handicapped child. She admitted the birth of twin children and one boy died; but she denid that she has not bothered about her son's health condition and she neglected him. There is no ill-treatment of the child by her. On the contrary, she was very affectionate towards her son and he was also affectionate towards his mother. The allegations with regard to selling groceries by the appellant and threatening made by her father are utter false.