T DHANALAKSHI Vs. S KUMARESAN

JUDGEMENT

(1.) The appeal has been filed by the wife against the decree of divorce dated 13.7.2012 granted by the Family Court, Madurai in H.M.O.P.No.364 of 2006 filed by the respondent/husband. The respondent and the appellant got married on 30.08.2001. Right from the beginning, the marital relationship was not cordial. Therefore, the appellant went to her parents' house and stayed their often. A child was born. Many conciliations were made during two years period of marital life.

(2.) Since the appellant/wife deserted the respondent and caused mental cruelty, divorce petition was filed on the ground of cruelty and desertion. The appellant resisted the divorce petition on the ground that the respondent alone caused mental cruelty to her by demanding more dowry. She contended that the respondent and his mother forcibly took her to Paramakudi stating that she is possessed with devil spirit and they did Poojas by a Kodangi Poosari, who had brutally beaten the appellant. Apart from that, the respondent used to abuse and beat her. Therefore, left with no other go, she used to go her parents' house.

(3.) The respondent examined himself as PW1 and the appellant as well as one Saravanan were examined as RW1 and RW2. The marriage is admitted and a child was born during the period of two years of marital life. The Trial Court appreciated the evidence on record and found that there was a misunderstanding between the spouse right from the beginning of the marital life. Both of them exhibited their emotional immaturity and they are unable to live together. The entire evidence on record would reflect the cruelty caused by both the parties. The appellant deposed that the respondent and his mother have been causing mental cruelty to her. Likewise, the respondent also alleged mental cruelty and desertion. Taking into consideration of the incidents of cruelty suffered by appellant as well as respondent and the fact that they are living separately for the past five years, the Trial Court granted divorce. The said decree of divorce is being challenged before this Court.