S INDRAKUMARI Vs. S SUBBAIAH

JUDGEMENT

(1.) Aggrieved by the order of the Principal Family Court, Madras dated 13.08.2002 made in F.C.O.P.No.390 of 1995 granting divorce, the wife has filed the above appeal.

(2.) The husband has filed the said O.P., before the Principal Family Court Judge, Madras seeking a decree for divorce and dissolving his marriage with the first respondent therein / appellant herein under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 (in short "the Act").

(3.) The case of the petitioner is briefly stated hereunder: The marriage between the petitioner and the first respondent therein / appellant herein was performed on 01.07.1993 at Rajapalayam according to Hindu rites and customs. The marriage was arranged and settled by the elders on 11.12.1993. The nuptial was fixed on 01.07.1993 night between 10.30 and 11.35 p.m. as per the opinion and advice of the Astrologers. But the first respondent refused to cohabit with the petitioner on the first night itself, i.e., on 01.07.1993 and she openly declared that she was not inclined for the marriage and that the marriage was done under compulsion, undue influence, coercion and without her consent. She has stated that she already decided to marry one N. Kannan (second respondent in the O.P., - since exonerated) and he alone is her husband and nobody else including the petitioner has a right to touch her either bodily or mentally. The petitioner, who is an Officer in a Bank, was really shocked and he merely kept himself aloof from the first respondent and did not even touch her. On the next day, i.e., on 02.07.1993, after visiting his grand father's house at Sankarankoil, he returned to Rajapalayam and informed the parents of the first respondent about the incident happened on the previous night. Further, they explained that the first respondent was mentally afraid and everything would be settled and that she was being properly advised. Even on the night of 02.07.1993, she was more adamant. The petitioner was in a state of unexplainable mental agony and shock. The next day i.e., on 03.07.1993, when the petitioner sent for his mother-in-law, she was not available. The first respondent's brother's wife met the petitioner and gave some sort of assurance and said that everything would be all right in days to come. Therefore, without creating any problem, the petitioner visited the temple of Lord Muruga at Tiruchendur and both the petitioner and the first respondent went in a car leaving Rajapalayam by 8.30 a.m. and reaching Tiruchendur at about 12.30 p.m. There also, she threatened the petitioner that if he tried to touch her, she will commit suicide by drowning herself in the sea. Immediately, the petitioner contacted his cousin Dr. Muthayya at Tenkasi and requested him to rush immediately to Tiruchendur. He also contacted three brothers of the respondent at Rajapalayam and all of them converged at Tiruchendur. They assured that everything will become all right and on their assurance, the petitioner and the first respondent returned to Madras, as reception was arranged on 05.07.1993 at Hotel Palmcrove.