SHANTAKUMARI @ SANTHI Vs. R.VENKATASUBRAMANI

JUDGEMENT

(1.) The wife is the appellant. The respondent/husband filed HMOP No.7 of 2006 before the learned Principal Subordinate Judge, Salem, for divorce on the ground of cruelty and desertion.

(2.) The trial court dismissed the petition and the respondent filed an appeal in CMA No.46 of 2007 on the file of the Fast Track Court No.2, Salem and the first appellate court allowed the appeal and granted decree of divorce. Aggrieved by the same, the respondent/wife filed CMA No.39 of 2008. The appellant/wife filed HMOP No.6 of 2006 on the file of the Principal Subordinate Judge, Salem for restitution of conjugal rights and that was allowed and the respondent/husband filed CMA No.45 of 2007 on the file of the Fast Track Court No.2, Salem and the lower appellate court allowed the appeal and aggrieved by the same, the appellant/wife filed CMSA No.38 of 2008.

(3.) The learned counsel appearing for the appellant submitted that the lower appellate court without understanding the entire principle of law that a person, who files an application for divorce stating certain grounds has to prove the same and allowed the appeal filed by the respondent on the ground that the appellant/wife has treated the husband with cruelty and that become evident from her deposition given during trial and the appellant did not take any steps to live with her husband, even after the application filed by her for restitution of conjugal rights, was ordered in her favour and therefore, the respondent/husband is entitled to the relief of divorce and the order of the lower appellate court is liable to be set aside.