K.AYYANAR Vs. P.MUNIAMMAL

JUDGEMENT

(1.) The couple, related to each other even before the marriage, who ought to have honoured the marriage by celebrating Silver Jubilee, have made the marital life miserable by fighting with each other in the Court for more than a decade.

(2.) The husband filed a petition for divorce under Sections 13(1) (i-a) and (i-b) of the Hindu Marriage Act, 1955, on the ground of cruelty and desertion before the Additional Subordinate Court, Tenkasi, seeking the relief of divorce. It was dismissed by the Trial Court on 14.06.1999. Aggrieved over the dismissal of the divorce petition, he preferred an appeal in C.M.A.No.75 of 1999 before the Additional District Judge (Fast Track Court No.1), Tirunelveli. Again, it also met with the same fate and it was dismissed on 06.03.2002. As against the concurrent dismissals, the husband has filed C.M.S.A.No.19 of 2002 before this Court.

(3.) The wife filed a petition in HMOP No.32 of 1997 before the Sankagiri Sub-Court, praying for restitution of conjugal rights. It came to be transferred to the Principal Subordinate Court, Tenkasi and renumbered as HMOP No.22 of 1999. It was dismissed on 17.07.2000 as against which, the wife filed C.M.A. No.13 of 2001 before the Additional District Judge (Fast Track Court No.1), Tirunelveli, where she succeeded. Aggrieved over the order of the Lower Appellate Court directing restitution of conjugal rights, the husband has filed C.M.S.A.No.18 of 2002 before this Court.