(1.) This appeal is directed against the judgement in C.M.A. 128/81 on the file of District Judge, Trichirapalli in which the learned District Judge has allowed the appeal and thereby decreed H.M.O.P. 7/78 on the file of Principal Subordinate Judge, Tiruchirapalli, for divorce.
(2.) Short facts are:The respondent herein had filed petition under Section 13(1)(b) of Hindu Marriage Act for divorce on the ground of desertion in H.M.O.P. 7/78 before the trial Court on the following grounds: He married the petitioner herein on 10-9-64. She is a hot tempered lady. She used to leave for Karur without any intimation to him and used to stay there. On 6-8-66 she went away to Karur and wrote a registered letter calling upon him to go and reside with her at Karur. Despite his efforts, she did not come and so he filed H. M.O. P. 63/67 for restitution of conjugal rights. She realised her mistake and came over to his house with her parents. So, H.M.O.P. 63/67 was not pressed and dismissed. But again trouble started and she left him in the third week of December 1973. Thereafter she has not come back. Thus she had deserted him for more than a continuous period of two years. Hence the petition.
(3.) The petitioner herein, respondent before the trial court resisted the claim on the following grounds: Marriage is true and she went to live with her husband. She was treated with hostility. Her father-in-law has got two wives. The respondent is the son of the second wife. She also joined with him in abusing her. An undesirable woman was brought into service. She was hostile from the beginning. Getting frustrated, she tried to commit suicide by swallowing a diamond stone from her earring, within closed doors. Her father-in-law pushed upon the doors and then her father-in-law sent a telegram to her father and admitted her in the hospital. The diamond stone came out of the stomach. Without showing any sympathy, she was treated with hostility and ultimately she was driven out. After the filing of O. P. 63/ 67 through the good offices of her advocate, the matter was compromised. Her husband undertook to send away the undesirable Chakklar woman.