D.GOPALAKRISHNAN Vs. A.SATHYABHAMA

JUDGEMENT

(1.) The Husband is the Appellant herein. The Appellant filed H.M.O.P. No. 17 of 2004 on the file of the learned Principal Sub-Court, Villupuram for divorce on the ground of cruelty and desertion. The Trial Court allowed the Petition and the Respondent/Wife filed Appeal in C.M.A. No. 3 of 2009 on the file of the learned Principal District Judge, Villupuram and the Appeal was allowed and the Decree of Divorce granted by the trial was set aside and aggrieved by the same, this Appeal is filed. The Appeal was admitted on the following substantial questions of law:

(2.) The case of the Appellant was that the marriage between him and the Respondent was solemnized on 4.6.1984 and two Children were born to them and they were living happily till 1994 and thereafter, there was a change in the attitude and behaviour of the Respondent and she treated the Appellant with cruelty and without informing the Appellant and without any justifiable cause, the Respondent/Wife left the matrimonial home on 25.9.2000 and thereafter, did not come back, despite the efforts taken by the Appellant and the Respondent/Wife also made false accusations against the Appellant, as if the Appellant was having illicit intimacy with two women and therefore, her conduct would prove that she has no intention of coming and living with her Husband and therefore, the marriage has to be dissolved by Decree of Divorce.

(3.) The Respondent/Wife contested the Petition stating that unable to bear the torture and ill-treatment of the Appellant/Husband, she was forced to leave the matrimonial home and though, she was willing to live with the Appellant/Husband, the Appellant did not mind her wish and he was not prepared to give up his illicit relationship with two women and therefore, she was forced to leave the matrimonial home and hence, she has not committed any act of desertion and therefore, the Appellant is not entitled to the relief as prayed for.