CHANDRIKA Vs. M VIJAYAKUMAR

JUDGEMENT

(1.) THE respondent in Family Court O. P. No. 199 of 1992 on the file of Principal Family Court, Madras, is the appellant in the above appeal. THE husband/respondent herein filed f. C. O. No. 199 of 1992 before the said court under section 13 (l) (b) of the Hindu marriage Act, 1955 as amended against the appellant/wife for the grant of divorce on the ground that the wife deserted him without any just cause or reason. THE Family Court, by order dated 6. 3. 1995, allowed the original petition and dissolved the marriage between the appellant and the respondent solemnized on 3. 3. 1983 by a decree of divorce. Aggrieved by the decree of the family Court dated 6. 3. 95, the wife has now come forward with the present appeal before this Court under Section 19 of the Family Court Act.

(2.) THE brief facts leading to the filing of the petition for divorce are as follows:- According to the respondent/petitioner, the marriage between the petitioner and the respondent herein was solemnized on

(3.) MR. A. Venkatesan, learned counsel appearing for the appellant, contended that in the light of the evidence on record, the decree of divorce granted by the Family Court is unsustainable. He also contended that in view of inordinate delaynamely, 7 years the petition for divorce at the instance of the husband ought to have been dismissed by the Family Court. Finally, he contended that the Family Court committed an error in not awarding maintenance for the appellant and her minor child. On the other hand, mr. Sampathkumar, learned counsel for the respondent contended that inasmuch as the husband had established the factum of physical desertion and animus deserandi, the decree of divorce granted by the Family Court cannot be assailed. In respect of claim for maintenance, the learned counsel fairly conceded that both the wire and child are entitled, and any reasonable amount may be fixed in the light of the income of the husband.