K KUPPURAJ Vs. M RAJASULOCHANA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises out of the judgment and decree, in H.M.O.R No. 382 of 1999, dated 24.6.2005 passed by the Family Court, Coimbatore, whereby the petition filed by the appellant, for grant of divorce, under Section 13(i-a)(i-b) of the Hindu Marriage Act, i.e. on the ground of 'cruelty' and 'desertion'. The facts, in brief, giving rise to this appeal are as follows:

(2.) This petition has been resisted by the respondent/wife, by way of counter affidavit, wherein, while denying the averments made by the appellant, it is stated that the respondent is a balanced and mentally sound woman and she never behaved with the respondent in a cruel manner. After marriage, both of them were living together happily and marriage was consummated on the date of marriage itself. The respondent had participated in training on entrepreneurship conducted by Sri Avinashlingam Shranik Vidyapeeth, Coimbatore. The appellant has been running a xerox shop in Coimbatore for the past several years and he employed a girl, namely Subha and he developed illicit intimacy with her even prior to his marriage, which he continued even after marriage with the respondent/wife. While staying at Palladam, all the members of the appellant's family used to ill treat her. The appellant very often used to beat and abused her. The appellant and his family members demanded more dowry, jewels from her parents and since the same was not fulfilled, she was forcibly sent out of her matrimonial home. After a panchayat, the appellant took her back to his house. Though the appellant is still living in adultery, the respondent is willing to live with the appellant and she never deserted him. With these averments, the respondent sought for dismissal of the petition.

(3.) The trial Court, on consideration of the above pleadings, framed the issue as to whether the appellant is entitled to get a decree for divorce as alleged by him?