D UMASHANKAR Vs. C KALPANA

JUDGEMENT

(1.) (PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act against the order dated 3.1.2000 made in F.C.O.P.No.2 of 1995 on the file of the I Additional Family Judge, Chennai.) This appeal is against the order of the I Additional Family Court Chennai. The petitioner is the appellant herein. The appellant herein, husband of the respondent herein, sought for dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty, or in the alternative, for judicial separation under Section 103 of the Hindu Marriage Act, 1955.

(2.) THE appellant and the respondent got married on 29.8.1993 according to the Hindu rites and customs. THE marriage was an arranged marriage. It is alleged that soon after the marriage, the respondent was behaving strangely and not as a newly wedded wife. It is alleged that even on the first night, the respondent was demanding the appellant to set up a separate residence and arrange for a cook. It is stated that the appellant left the respondent with her parents on 30.8.1993, since she had measles. She returned back and started living with the appellant from 16.9.1993 onwards. It is further stated that the respondent was employed in a Benefit Fund in Purasawalkam. She promised to resign her job, but it did not materialise. THE allegation is that on 25.9.1993, the respondent, after attending to her job, did not return back home. On enquiry, it was learnt that she went to her mother's house and the father of the respondent came to the appellant's residence and demanded the sarees of the respondent on the ground that she was not willing to live with the appellant's family members and that she wished to live with the appellant only if and when a separate residence was set up. It is also alleged that the respondent's father abused the family members of the appellant. THEreafter, the appellant's family members went to the respondent's house on 25.9.1994 and attempted a mediation; however, it failed. In spite of an offer to set up separate residence to enable the respondent to come and stay with the appellant, the respondent refused and told the family members that she was not interested in living with the appellant. However, on persuasion, she returned back to the appellant's residence.

(3.) THE appellant has sent a lawyer's notice, which was replied to, followed by a rejoinder from the appellant's Advocate.