LAWS(MAD)-2022-1-234

JAMUNA RANI Vs. SUBRAMANIAM

Decided On January 05, 2022
JAMUNA RANI Appellant
V/S
SUBRAMANIAM Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Wife, Jamuna Rani, aggrieved by the Judgment and Decree of the Family Court, Tiruppur in H.M.O.P. No. 7 of 2020, thereby allowing the petition for divorce filed by the respondent/husband Mr. Subramaniam, on the ground of cruelty under Sec. 13 (1) (i-a) of the Hindu Marriage Act, 1955.

(2.) The case of the respondent/husband is that the marriage between the parties was solemnized on 13/3/2013 and that they lived together only for a period of about two months. During this period, the respondent behaved abnormally and that she was mentally disturbed and would stand all alone speak loudly, laugh and go out of the house and act as if she was speaking to somebody. When the husband approached her for physical relationship she refused by saying that her parents would beat her if he touches her. The marriage was never consummated and upon confrontation, the wife's parents took her away from the matrimonial home and thereafter since she did not return inspite of attempts by the husband, the husband finally issued legal notice, dtd. 25/5/2013 and thereafter filed the petition for divorce.

(3.) The respondent wife, was initially set exparte and with a delay of two years she filed a petition for setting aside the exparte decree which was allowed and thereafter she filed a counter denying that she was psychologically disturbed and submitted that even before the marriage the husband had purchased her a cellphone and both were talking continuously which would go to show that things were normal between them. Though she behaved like every other dutiful wife, she was sent back to her parents house and that she was always willing to live with the petitioner and no grounds exist to dissolve the marriage between them.