KANNAN Vs. MARAGATHAMMAL

JUDGEMENT

(1.) The Appellant/First Defendant has preferred the present Second Appeal as against the Judgment and Decree dated 11.12.2002 in A.S. No. 25 of 2002 passed by the Learned Principal District Judge, Tiruvannamalai in affirming the Judgment and Decree dated 04.12.2001 in O.S. No. 482 of 1982 passed by the Learned District Munsif No. 1, Tiruvannamalai. A resume of germane averments of the Plaint (filed by the Respondents/Plaintiffs) are hereunder:-

(2.) One son and one daughter viz., Second and Third Plaintiffs are in the custody of the First Respondent/First Plaintiff while other two daughters are in the custody of the Appellant/First Defendant. The Appellant/First Defendant became addicted to drink about four or five years ago and from that time onwards, he has completely neglected the family and began to treat the Plaintiffs cruelly and used to beat them mercilessly. The Third Defendant joined hands with the Appellant/First Defendant and started to ill-treat the Plaintiffs. About two years ago, the cruelty meted out by the First and Third Defendants exceeded the limits and in spite of the same, the First Respondent/First Plaintiff bore with them with the fond hope that good sense would prevail upon the First and Second Defendants.

(3.) About 2-1/2 years ago, the First Respondent/First Plaintiff's father died. When the First Respondent/First Plaintiff sought a permission of the First and Second Defendants to attend the funeral, they refused the permission for the same. When the First Respondent/First Plaintiff insisted for permission, the First and Third Defendants beat her and drove her out along with the Second and Third Plaintiffs. Even after, the death obsequies of the First Respondent/First Plaintiff's father, the First and Third Defendants had not come. Afterwards, when the First Respondent/First Plaintiff intended to go back to her husband's house, she was threatened with dire consequences and therefore, apprehending danger to her life, she remained in her mother's house with the Second and Third Plaintiffs and eking out her livelihood by doing coolie work. In spite of several mediations, the Appellant/First Defendant had not agreed to take back the Plaintiffs.