P PREMAVATHY Vs. J VENKATESAN

JUDGEMENT

(1.) CHALLENGE in this appeal is the order in F.C.O.P.No.260 of 2004 dated 20.10.2008 on the file of Principal Family Court, Chennai granting divorce on the ground of desertion [Section 13 (1) (i-b) of Hindu Marriage Act]. Unsuccessful wife is the Appellant.

(2.) APPELLANT-wife is a Post Graduate with degrees M.A., M.Ed., in Tamil discipline and working as a teacher in Madras Port Trust and Dock Educational Trust Higher Secondary School, Chennai-81. Respondent-husband is working in Ashok Leyland Company. APPELLANT parents gave an advertisement in the Matrimonial column in the newspaper "The Hindu" dated 10.06.2001 [Ex.P13]. In response to the said advertisement, Respondent's father sent Ex.R1-bio-data of the Respondent. Marriage between the APPELLANT and Respondent was solemnized on 22.11.2001 at Pink Hall, Hotel Dasaprakash, Chennai according to Hindu rites and customs. At the time of marriage, APPELLANT was given 10 soverigns of jewels and Respondent was given one soverign and APPELLANT was also given house hold articles as Sridhana. There stated to be resentment by the Respondent's family regarding jewels as well as Sridhana articles even at the time of marriage and reception. Couple happily lived together only for a few weeks. In the bio-data [Ex.R1] of the Respondent, it was stated that Respondent is stated to be having qualification - Diploma in Refrigeration and Air Condition [DCE] and later which turned out to be false and thereafter differences arose making allegations and counter allegations. Respondent-husband sought for dissolution of marriage on the ground of desertion and cruelty.

(3.) IN the trial Court, Respondent-Venkatesan examined himself as PW1 and his father-Jayaseelan was examined as PW2. Exs.P1 to P30 were marked. On the side of Appellant, Appellant-Premavathy examined herself as RW1 and her brother-in-law [elder sister's husband] Anandan was examined as RW2 and S.Kanmathiyan, Journalist and Mediator and also family friend of Appellant was examined as RW3. Exs.R1 to R27 were marked.