LUYEE RAJA Vs. KAVITHA

JUDGEMENT

(1.) The appellant is the husband of the respondent, who sought for divorce before the Family Court, Sivagangai, had filed this appeal against the dismissal of his H.M.O.P.

(2.) Court notice received by the respondent, but she has not engaged a counsel. The learned counsel for the appellant produced the Marriage Certificate of the respondent indicating that she has married one Bharathi Raja on 27/1/2020 and the same got registered at Sub-Registrar Office, Coimbatore declaring her as his spouse.

(3.) Be that as it may, the facts of the case is that the appellant and the respond\ent got married on 25/4/2012. They were blessed with a male child. At the time of marriage, the appellant/husband was employed as a Police Constable at Thirupatthur, Sivagangai District. The case of the appellant is that the respondent want to be with her sister at Coimbatore and pressurising him to get transfer to Coimbatore and when he refused do do so, a Police complaint against him was lodged causing mental cruelty to him. Realising that the matrimonial relationship would not survive, he sought for dissolution of marriage on the ground of cruelty.The Petition for divorce was contested by the respondent denying the allegations and also making counter allegations against the husband saying that he is having affair with a divorcee and leading an adulterous life.