AMIRTHARAJ Vs. GRASILI JEBARATHINAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the judgment and decree made in I.D.O.P.No.1 of 2016, dtd. 26/4/2018, on the file of Family Court, Srivilliputhur.

(2.) The husband had filed the above I.D.O.P for divorce under Ss. 10(1)(i)(x) and 11(b) of the Indian Divorce Act on the ground of adultery and cruelty. The brief facts of the case is that the marriage between the appellant and respondent was solemnized on 18/10/2012 at C.S.I.Church, Rajapalayam and thereafter, they lived together as husband and wife at Watrap Village and whileso, the respondent left the matrimonial home without any information and that there was no contact from the respondent and thereafter the parents of the respondent has given an assurance that they would bring the respondent to the matrimonial home and as they have failed to do it, the appellant went to Kerala in the year 2014 to bring the respondent to matrimonial home. The parents of the respondent convince him and in the month of March 2014, the respondent voluntarily came to the house of the appellant and lived with him. Thereafter they lived as husband and wife and at that point of time, the respondent informed the appellant that she become pregnant and thereafter, on clinical test, it was found that she was pregnant and the respondent delivered a male child on 26/9/2014. Thereafter, the sister of the appellant informed that the respondent admitted that she had sexual intercourse with another man when she was living with her parents at Kerala and therefore, the appellant was constrained to file a petition for divorce on the ground of adultery and cruelty.

(3.) The case of the respondent is that the marriage is admitted and since the respondent failed to arrange for jewels which was demanded by the appellant, the appellant refused to accept the respondent for marital life.