R. VASANTHI Vs. M. HARIKRISHNAN

JUDGEMENT

(1.) The appellant is the wife of the respondent. The respondent (husband) filed HMOP No.84 of 2008 on the file of the Sub Court, Poonamallee seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of alleged cruelty committed by the appellant herein (wife). The case was subsequently transferred to the file of the Additional District Judge (Fast Track Court No.1), Poonamallee. The learned Additional District Judge (Fast Track Court No.1), Poonamallee, after trial, allowed the petition and granted a decree of divorce dissolving the marriage between the appellant herein and the respondent herein, which took place on 20.02.2005 at Kumanan Chavadi, Poonamallee, on the ground of cruelty. The said decree of divorce granted by the trial court dissolving the marriage between the parties, is challenged in the present Civil Miscellaneous Appeal under Section 28 of the Hindu Marriage Act, 1955.

(2.) The admitted facts are that the marriage between the appellant and the respondent took place as a marriage arranged by the parents on 20.02.2005 at E.V.P. Rajeswari Thirumana Mandapam, Kumanan Chavadi, Poonamallee as per the Hindu rites and customs; that at the time of marriage, the appellant (wife) was pursuing her M.Sc. degree at Pachiappas College, Chennai; that after the marriage, they resided with the parents and sisters of the respondent herein (husband) for some time; that thereafter, the respondent (husband) resigned his job and that after living in the separate house set up for them at Pillayar Koil Street, Puliambedu, Noombal, Chennai 117, they again shifted their residence and started living with the parents of the respondent. It is also an admitted fact that due to misunderstanding, the appellant/wife is now living with her parents.

(3.) The respondent (husband) chose to file the HMOP praying for a decree of divorce dissolving the marriage on the ground of cruelty making the allegations, which are, in brief, as follows: