D SURIYAKUMARI Vs. R SRIKANTH

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is directed against the judgment and decree dated 7.1.2004 made in O.P.No.1723 of 2000, filed by the respondent-husband for divorce, granting decree of divorce by the learned I Additional Principal Judge, Family Court, Chennai, on the ground of cruelty under the following facts and circumstances of the case.

(2.) 1. The respondent-husband and the appellant-wife got married on 14.11.1999 according to Hindu Religious rites and customs and after the marriage, they set up their matrimonial home in the respondent-husband's parental home at Vadapalani. According to the respondent-husband, the appellant-wife treated him with cruelty attracting Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging as hereunder.2. 2. The respondent-husband stated that even on the next day of the marriage, i.e., on 15.11.99, he was asked by the appellant-wife to wash her clothes, for which he refused. It was further stated that the appellant-wife was frequently telling him that she had been forced to marry him and that she was not at all interested in having marital relationship with him. According to the respondent-husband, she voluntarily informed him that she used to involve in Lesbian activities during her college days and that she also used to discuss about sex matters with third parties and when he enquired about that, she replied that he had no business to ask her in the matter.2.

(3.) 2. On the contrary, the appellant-wife examined herself as R.W.1 and she marked Exs.R.1 to 9, of which, Ex.R.1 is the letter dated 30.9.2000 written by the respondent-husband to the appellant-wife, Ex.R.2 is the letter dated 12.8.2000 written by the mother of the respondent-husband to the father of the appellant-wife, Ex.R.7 is the letter written by the father of the appellant-wife to the mother of the respondent-husband, Ex.R.8 is the greeting card given by the respondent-husband to the appellant-wife and Ex.R.9 series are the photographs taken in the family function of the appellant-wife, in which the respondent-husband attended along with the appellant-wife.