POOMINATHAN Vs. SARASWATHI

JUDGEMENT

(1.) The appeal has been filed by the husband challenging the concurrent findings of the trial Court as well as the Appellate Court wherein his prayer for divorce has been rejected.

(2.) The husband has filed a divorce petition contending that he got married with the respondent on 1/6/1984 and after marriage while the couple were living in Mumbai, the wife has exhibited bad character. The wife came to her parental house for delivery in which a girl child was born. The said child had passed away in 15 days. The wife wanted to be at Ambasamudram for some more time in order to get out of the grief due to death of the child. However, while she was in Ambasamudram, she developed illicit intimacy with one Jayaraman and the said Jayaraman has addressed several letters to his wife.

(3.) The husband had further contended that he had again taken her back to Mumbai and in Mumbai on 21/6/1986, the wife developed intimacy with one Muthusamy and the same was witnessed by him along with one Muthappa and Balasubramaniam. He had further contended that the wife had admitted about the illicit relationship with the said Muthusamy. In view of such bad character of the wife, both of them agreed to dissolve their marriage by some compromise before the village elders. As per the custom of Nadar Community People, a customary divorce was entered into between the parties and thereafter, the husband had left for Mumbai. Since the husband had immediately left for Mumbai, the divorce deed could not be executed on the said date.