LAWS(MAD)-2013-11-396

G SEKAR Vs. S JAYANTHI

Decided On November 14, 2013
G SEKAR Appellant
V/S
S JAYANTHI Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed seeking to set aside the order dated 10.8.2009 made in O.P.No.1335 of 2003, by the learned Principal Judge, Family Court, Chennai.

(2.) The appellant is the husband and the respondent is his wife. The appellant-husband had filed the Petition under Section 13[1][i-a] of the Hindu Marriage Act, 1955, seeking divorce on the ground of cruelty. The marriage between the appellant and the respondent was solemnized on 3.9.1998 in Chennai. In the Original Petition filed by the appellant, he has stated that after marriage, a female child was born to them on 27.8.1999 and the respondent-wife returned to the matrimonial home only after 15 months. It is alleged that there had been frequent quarrels between the appellant and the respondent immediately after their marriage. While so, a second female child was also born to them on 24.5.2002. The respondent-wife used to threaten the appellant saying that she would give complaint on the ground of dowry harassment. On 26.8.2002, the respondent went to her parents house taking her jewels and other articles. During July 2003, a complaint had been lodged before the H-4 Police Station on the ground of theft of jewellery and from that day, the appellant and the respondent seem to be staying away from each other. The appellant had alleged cruelty, mental agony and torture by his wife and that the respondent-wife has been ill-treating him. The mental torture was so intolerable and therefore he seeks to stay away from his wife.

(3.) In the counter filed by the respondent-wife, she has denied all the allegations that she caused cruelty to the appellant. However, she has expressed her willingness to join the appellant for the sake of her two female children, despite knowing that the appellant was suffering from mental depression and was taking treatment.