N SUBRAMANI Vs. T SHANTHA

JUDGEMENT

(1.) THE unsuccessful appellant/husband who has lost his case before both the courts below has preferred this Civil Miscellaneous Second Appeal against the concurrent findings rejecting his case for divorce on the ground of cruelty and desertion.

(2.) THE case in brief is as follows: THE petitioner and respondent are husband and wife. THE marriage between them was performed on 30.04.1975 at Thimmarajapuram in Thirunelveli District according to Hindu rites and customs in the presence of the elders. After the marriage, they set up their family at Chengalpattu and thereafter at Chrompet as the petitioner is working at Madras. THEy lived happily till the birth of a female child on 18.02.1977 at Quilon in the residence of the respondent's parents. THE petitioner and the respondent are employed respectively, in Chengalpattu Medical College as Assistant and as Clerk in Chengalpattu Post Office. THE respondent left the matrimonial home for the firs time on 23.03.1980, and from then onwards, the dispute started. THEreafter, the husband filed O.P.No.249 of 1980 on the file of Subordinate Judge, Chengalpattu, for restitution of conjugal rights and obtained a decree for restitution of conjugal rights. Aggrieved over the same, the wife filed an appeal in C.M.A.No.8 of 1982 on the file of District Judge, Chengalpattu, who in turn, confirmed the judgment and decree of the trial Court, dismissing the appeal. THE wife neither preferred second appeal nor did she join the husband.

(3.) LEARNED counsel for the appellant would submit that since the date of marriage, the respondent-wife had been totally unfaithful, inimical, sadistic and antagonistic and above all, total hostile. The respondent is opposing and contesting the proceedings from the year 1980 onwards filed by the appellant/husband for the relief of restitution of conjugal rights and failed in her attempts and thereafter, she preferred an appeal in C.M.A.No.8 of 1982, which also ended in vain. Thereafter, she did not resume her matrimonial home. The said attitude of the respondent-wife led the appellant to file O.P.No.69 of 1982 for the relief of divorce on the ground of desertion and failing to obey the orders of the restitution of conjugal rights. In the said petition, the respondent-wife appeared and made an endorsement to the effect that she was willing to live with the appellant and in the said circumstance, the said petition was dismissed. But after a birth to the second baby, again she deserted the appellant. Thereafter, the appellant issued notice to the respondent and she replied with false and frivolous allegations. After giving opportunities to her by way of writing letters, the appellant filed H.M.O.P.No.95 of 1992 for divorce on the ground of cruelty and desertion. However, the trial Court dismissed the divorce application. Aggrieved over the said order, the appellant preferred an appeal in C.M.A.No.19 of 1997 which also ended against the appellant.