P. RAJA Vs. K.C. SUDHA

JUDGEMENT

(1.) THE arguments advanced by Mr. M. Ajmal Khan, learned Senior Counsel on behalf of the learned counsel on record appearing for the revision petitioner and Mr. P. Muthuvijayapandian, learned counsel for the respondent are heard. Copies of the orders of the Courts below and the materials available on record are also perused. This Court paid its consideration to the same.

(2.) THE revision petitioner was the husband of the respondent herein. Both of them are Hindus and due to misunderstanding the couple were living separately and the petitioner herein (husband) was driven to seek dissolution of marriage by filing H.M.O.P. No. 101 of 2008 on the file of the Principal Sub Judge, Karur on the ground of desertion and also on the ground that the respondent was suffering from intermittent mental disorder of such a kind and extent that the petitioner could not reasonably be expected to live with the respondent.

(3.) THE said petition was resisted by the revision petitioner herein contending that the petition was filed as a counter blast for the divorce O.P. and also on the ground that the respondent (wife), having voluntarily withdrawn from the company of the revision petitioner (husband) and refusing to come and live with him was not entitled to claim maintenance. A further ground was also alleged that the respondent (wife) was more qualified compared with the petitioner (husband) and she could not be construed to be a person incapable of maintaining herself or construed to be a person not having sufficient means to maintain herself.