O.V. JAYAKUMAR Vs. RAJESWARI

JUDGEMENT

(1.) THE husband is the appellant. The husband herein as the petitioner filed a application before the Sub Court, Coimbatore in O.P. No. 214 of 1982 for dissolution of the marriage. The petitioner/husband's case is as follows:

(2.) THE marriage between the petitioner and the respondent took place on 14.9.1980. After the marriage the respondent lived with the petitioner in his house only for three days and on 17.9.1980 she left the matrimonial home without any reason and without the consent of the petitioner. She also at that time took away the jewels. Since the respondent did not return to the matrimonial home, the petitioner sent a registered notice on 18.12.1980 requesting her to come and live with him. It was not complied with by the respondent. The petitioner personally visited the respondent's house and invited her to his house. But the respondent refused to come with the petitioner. The members of the respondent's family also abused the petitioner. On 4.3.1981 and 4.4.1981 the petitioner sent two letters to the respondent. The respondent has not replied nor returned to the petitioner's house. The petitioner also sent a letter on 25.6.1981 to the father of the respondent, and even that did not produce any result. Ultimately he sent a Lawyer's notice dated 12.10.1981. The petitioner belongs to a respectable family. The respondent is bound to live with the petitioner. The action of the respondent amounts to wilful desertion. Hence this application.

(3.) ON the side of the petitioner Exs. Al to A 9 were marked and the petitioner examined himself as PW 1. On the side of the wife Exs. B 2 to B 11 were marked. The respondent examined herself besides another witness. The learned Sub Judge held that the desertion was proved and therefore granted the decree for dissolution of marriage. Aggrieved by the judgment of the Trial Court the wife preferred an appeal to the District Court in CMA No. 75/88. The learned District Judge reversing the order of the Trial Court dismissed the petition of the husband. Therefore the husband has now filed this appeal.