(1.) THIS appeal arises out of the judgment and decree, dated 22.12.2010 in O.P. No. 1714 of 2004, passed by the learned I Addl. Principal Judge, Chennai, in and by which, the petition filed by the appellant herein against his wife/respondent for divorce on the ground of cruelty and desertion under Sections 13(1)(i -a)(i -b) of Hindu Marriage Act came to be dismissed. The brief facts, necessary for disposal of the appeal, are as follows:
(2.) THIS petition was resisted by the respondent/wife by way of counter affidavit, wherein, it has been stated that the marriage was solemnized on 11.03.2011 at Rajasthan as per Hindu rites and customs and the couple started living in joint family and out of their wedlock, a male child was born. The appellant was feeling jealous that the respondent/wife is more qualified and though she hails from a middle class family, her parents spent a huge amount in marriage. She never visited her parents house without informing her in -laws and the appellant. The family members of the appellant started ill -treating the respondent and abused her in filthy language, which compelled her to lodged a complaint, seeking protection to save herself from in -laws since she was alone in Hyderabad. With these averments, the respondent/wife sought for dismissal of the petition.
(3.) ON consideration of the pleadings, the Family Court has framed an issue, whether the marriage has to be declared as null and void on the ground of desertion and cruelty and divorce has to be granted?
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