K CHANDRA Vs. R CHINNASAMY

JUDGEMENT

(1.) THIS is an appeal preferred by the wife against the judgment and decree dated 21.07.2000 made in F.C.O.P.No.1660 of 1998 laid by the respondent/husband on the file of II Additional Judge, Family Court, Chennai, granting a decree for dissolution of the marriage taken place between the appellant/wife and the respondent/husband on 21.10.1991 at West Community Hall, Sankari, on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act.

(2.) FOR the sake of clarity, the appellant, who was the respondent in O.P. is referred to as the wife and the respondent, who was the petitioner in O.P. before the Family Court, is referred to as the husband.

(3.) 1. Per contra, the learned counsel appearing for the respondent/husband submits that the trial Court is justified in granting a decree of divorce, as the same was ordered only after appreciating both oral and documentary evidence. 7.2. The learned counsel further contends that the O.P.No.787 of 1996 was filed by the husband for restitution of conjugal rights only with an intention to join the wife, as she was staying in her parents' place deserting him. Since an allegation was made by the wife that he demanded five sovereigns of jewels, the husband had withdrawn the said O.P.No.787 of 1996 and filed O.P.No.1660 of 1998 for divorce. Even though the wife stated that she was willing to join the husband, she never accepted for reunion, which would prove the willful desertion by the wife.