J.JANAKIRAM Vs. M.SATHYABAMA

JUDGEMENT

(1.) The unsuccessful husband before the Family Court in H.M.O.P.No.82 of 2020, aggrieved by the dismissal of his petition for division, is the appellant before us.

(2.) The brief facts of the case are as under: The husband filed H.M.O.P.No.82 of 2020, seeking dissolution of his marriage with the respondent on the grounds of cruelty and desertion. The appellant and the respondent were married on 25/10/2009 and on an earlier occasion, H.M.O.P.No.214 of 2014 was filed by the husband, seeking dissolution of marriage, on the ground that the respondent - wife had alleged that the appellant - husband had an illicit affair with Ramani. However, the said H.M.O.P was withdrawn, in order to save the matrimonial life. However, again the respondent came up with a new allegation that the appellant was having an illicit affair with one Amaladevi and that the respondent has also repeatedly given several complaints to the higher officials of the appellant, without any basis, whatsoever. All these acts of the wife had given mental agony to husband. Further, insofar as desertion, the appellant alleges that the wife has left the matrimonial home and has been living with her mother for over 5 years, without any justifiable cause and therefore, the appellant sought for dissolution of marriage on both the grounds of cruelty as well as desertion.

(3.) The respondent / wife resisted the said application. It is the case of the respondent that as she was working as a teacher, it was convenient to attend her work if she stayed with her mother and only under such circumstances, that too, with the consent of her husband, the respondent was staying with her mother. The respondent chose to reiterate the allegation with regard to the illicit affairs of the appellant and the respondent sought for dismissal of the petition for divorce.