K.LATIKA Vs. P.R.GANESH

JUDGEMENT

(1.) This is an appeal filed under Sec. 19 of the Family Court Act, 1984, by the appellant/wife, aggrieved by the judgment and decree dtd. 24/10/2017 in O.P.No.3651 of 2014 on the file of the Principal Family Court, Chennai, whereby, the Principal Family Court allowed the petition for divorce filed by the respondent/husband under Sec. 13(1)(i-a)&(i-b) of the Hindu Marriage Act, 1955 on the ground of cruelty and desertion.

(2.) The facts that the marriage between the appellant and the respondent was solemnized on 7/3/2011; they lived together during March, 2011- April, 2011; that the appellant went to her mother's house in the month of May, 2011, when her college was in vacation and joined matrimonial home in June, 2011 and went back to her parents' house in July, 2011 for Aadi; thereafter, she came only on 10/9/2011 and went back to her mother's house on 11/9/2011, are all admitted. From 11/9/2011 to till date, both parties are living separately is admitted, except of 4 days in December, 2013 which is in dispute. There are no children born out of the marital wedlock is admitted.

(3.) Under these circumstances on 18/9/2014, the respondent/husband filed the above Original Petition seeking for divorce on the ground of cruelty and desertion. The specific acts of cruelty pleaded are that the appellant/wife was never interested in conjugal life and even during the short span of time of around 95 to 98 days, she avoided cohabitation by saying that she will not bear a child for a minimum of three years, as she wanted to study the nature of the respondent/husband and the financial circumstances. Further, with a view to avoid conjugal relationship, whenever the respondent/husband entered the room, she will be continuously speaking on the phone and avoiding the respondent/husband. If the respondent/husband persists or makes overtures, she would make some hostile conversation and pick up quarrel and then avoid conjugal relationship stating that in view of the conversation, she has no mood to have physical relationship. Therefore, the same leads to cruelty on a newly wedded husband.