S CHANDRA Vs. C V SRIDHARAN

JUDGEMENT

(1.) THIS appeal is against the order dated 24.10.2002 made in F.C.O.P.No.1236 of 1997 on the file of the Second Additional Family Court, Chennai. The wife filed the petition against the husband for dissolution of marriage between them by a decree of divorce on the ground of cruelty and for permanent alimony under Sections 13(1)(ia) and 25 of the Hindu Marriage Act. The present appeal is by the wife against the dismissal of the petition.

(2.) IT is seen that the marriage between the appellant and the respondent was solemnized according to the Hindu rites and customs on 30.5.1986. The petitioner/appellant's contention before the Family Court was that right from the date of marriage, the respondent had behaved in an abnormal manner and never showed any love or care towards her. She further stated that there was no communication between them as a normal husband and wife. The appellant also submitted that the respondent abused her all the times and she was also physically manhandled and verbally abused. IT is also stated that the respondent neglected the wife/appellant herein. The indifferent attitude and rude behaviour of the respondent all the times made the appellant herein a nervous wreck and she could not concentrate on her work. The allegation of the appellant is that she was treated as a domestic servant and that on several occasions, the respondent told the appellant to leave the matrimonial home and to live by herself. The appellant also alleged that the respondent refused to cohabit with the appellant and was totally disinclined to have children. Consequently, she has stated that the marriage has come to a total break. She stated that the respondent was employed in the Railways and was earning a sum of Rs.15,000/- per month. IT is also stated that he had investments and had a total income of Rs.25,000/- per month and hence, the appellant claimed permanent alimony of Rs.15,00,000/-.

(3.) GOING by the evidence of the parties herein, referring to the conduct of the respondent herein that he had not shown any love and affection towards the wife, the Tribunal noted that as a wife, the appellant was to take care of the health of her husband who was diabetic and adjust with him to have a peaceful married life. On the question of the allegation that there was no possibility of getting a child, the Tribunal noted that there was no proper evidence, particularly for the appellant to show that there was any medical evidence to that end. On the question of her being hit by the tricycle and the respondent driving the scooter without caring about her, and in another occasion when the saree was on the wheel of the scooter and that she was left almost without a saree, the Tribunal noted that the appellant had not proved them through reliable evidence as to the dates on which the incidents had taken place and as to when she had gone to the hospital for treatment. The Court below noted that admittedly, the appellant had not taken any steps to substantiate any of her allegations. However, the Tribunal felt that there was a misunderstanding between the appellant and her mother-in- law, which could not be a ground for granting a decree of divorce. Noting that the respondent had taken her on L.T.C. to several places, the Tribunal viewed that the allegations were disproved. On the question of permanent alimony, it was observed that she had not moved a petition under Section 25 of the Hindu Marriage Act, 1955, and in the absence of any such application, the appellant was not entitled to the said relief.