LAWS(MAD)-2014-4-42

JAYALAKSHMI AMMAL Vs. KALIAPERUMAL

Decided On April 29, 2014
JAYALAKSHMI AMMAL Appellant
V/S
KALIAPERUMAL Respondents

JUDGEMENT

(1.) Fishbowl existence; other people's insensitivity; ridicule even from friends; hurt by the husband; criticism and ostracization from the family and society; frustration because of ill-treatment, yet only limited options - all because of the myth that infertility is always a woman's problem. This is the status of married women, who do not become pregnant. Though women alone are not the cause for this issue, yet, the problem of infertility has broken many homes, separated many couples and caused disharmony among couples while they were living together. Parenthood is the expected status, expected immediately after marriage and out of the couple, it is women who expect more. They themselves ignorantly hurt by asking the question, "it is so natural, why can't I?", and also by believing that child-bearing is the ultimate expression of "femininity" - without understanding the real cause for the problem. Even then, others make the life of women miserable and make women feel inadequate and incomplete as if they are the cause for the failure. The most inhuman form of insult is the husband getting married while the first wife is alive, trying to justify the second marriage in the name of giving gift of property to the first wife. This is one such classic case.

(2.) The second wife, who entered into the life of Dharmarajpillai, while the first wife was alive, challenges the alienation made by the first wife, who claims the property as per the settlement deed, Ex.A2, executed by her husband.

(3.) The second plaintiff, Jayalakshmi, who is the second wife of Dharmaraj Pillai, is the appellant. Her minor son, since deceased, is the first plaintiff. Kaliaperumal, who is the first defendant is the purchaser of the property from the second defendant / the first wife of Dharmaraj Pillai, i.e., Swarnathammal.