UMAMAHESWARI Vs. K BABU

JUDGEMENT

(1.) THIS Revision is preferred against the order of the Family Court, Coimbatore made in I. A. No. 1368 of 2003 in H. M. O. P. No. 540 of 2001, dated 30. 12. 2003 allowing the application filed under Order VI Rule 17 of C. P. C. permitting the Petitioner/husband to amend the petition. Respondent/wife is the Revision Petitioner.

(2.) MARRIAGE between the Revision Petitioner and the Respondent was solemnised as per Hindu Rites and Customs on 30. 11. 1998. The spouses were living in the house of the Respondent/husband. H. M. O. P. No. 540 of 2001 has been filed for divorce. Case of the Respondent/husband is that while the Revision Petitioner/ Wife was living with him, she had no intention to consummate the marriage. She did not co-operate with the Respondent/ Husband in conjugal obligation during three months of their matrimonial life. In February 1999, the Revision Petitioner/ Wife was going along with her mother for medical check up. But the Revision Petitioner/ Wife and her mother did not tell anything about their conversation with the Doctor. After finishing medical check up, she was staying with the Respondent/ Husband in his house for two days. Thereafter, she left for her parents house without giving any intimation to the Respondent/ Husband and then she did not return back to the matrimonial house. She had also taken away all her jewels, valuable sarees and other valuable things. For about two and half years, the Revision Petitioner/ Wife has not resumed her family life. When the Respondent/ Husband had contacted to bring her back, he was insulted by her father on may occasions. In the petition, it is alleged that the Revision Petitioner/ Wife is sterile and since she has left the matrimonial house for about two and half years i. e. from February 1999, it amounts to desertion on the part of the Revision Petitioner/ Wife. On the ground of cruelty, sterility, desertion and on non consummation of marriage, the Respondent/ Husband has filed the petition for divorce in H. M. O. P. No. 540 of 2001. The said petition was filed under Section 13 (1) (i-a) of Hindu Marriage Act.

(3.) THE Revision Petitioner/ Wife has filed the counter statement contending that she was happily living with the Respondent/ Husband for about two years. According to her, she is the @kiw bgz;@ of the Respondent/ Husband and the marriage was performed as per their wish and it was an arranged marriage. The Revision Petitioner/ wife could not procreate a child; her mother insisted to take her to hospital. But the Respondent/ Husband was denying permission even to see her parents. The Respondent/ Husband had beaten the Revision Petitioner/ Wife and was treating her cruelly. Despite the request from the parents of the Revision Petitioner/ Wife and the Village elders, the Respondent/ Husband was not willing to take her back. In her counter statement, the Revision Petitioner had expressed her willingness to live with her Husband.