SARASWATHI PALANIAPPAN Vs. VINOD KUMAR SUBBIAH

JUDGEMENT

(1.) These two civil miscellaneous appeals have been preferred by the appellant-wife against the judgment and decree of the trial Court granting divorce by dissolving the marriage filed under Section 13(1)(ia) of the Hindu Marriage Act and dismissing her application for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act.

(2.) The brief facts leading to the filing of these two appeals are given as under:-

(3.) A detailed counter affidavit was filed by the appellant-wife admitting the fact that the parents of both the appellant and respondent, after making proper arrangements for the marriage, solemnized the marriage between them on 28.6.2004 at Kandaramanickam Village and subsequently, she was taken to U.S.A., and they were living together happily and out of happy wedlock, a male child by name Sanjeev was born at Madurai on 5.12.2006. But after the boy was born, in spite of repeated requests made to see the newly born son, neither the husband nor any of the in-laws ever attempted to visit the child at Madurai. However, the wife came to Chennai during March-April, 2007 and thereafter, they lived together in the house of the in-laws along with the husband during the said time. While denying the allegation made by the husband that she was not affectionate as incorrect, she stated that the husband did not have the benefit of engaging any servants, as the wife had to do all the home works, such as cleaning, cooking and housekeeping by herself and in spite of the fact that the wife was taking full care of the entire family by doing all odd jobs like cooking, cleaning, keeping the house in order in U.S.A., and also in Chennai, and in spite of the fact that the husband's family is a big family with more number of persons, there was no reason or rhyme for deserting the wife when she came for delivery of the child. Further, it was pleaded that when there was no problem at all between them, it is only due to a misunderstanding between the family members of the husband, the wife was completely deserted.