B V AMRESHKUMAR Vs. B A SUMATHI

JUDGEMENT

(1.) THIS appeal is by the petitioner against the order of the I Additional Family Court , Chennai, rejecting the petition filed by the husband against the respondent-wife for the dissolution of marriage by a decree of divorce on the ground of cruelty and desertion, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.

(2.) IT is stated that the appellant herein got married to the respondent on 12.8.1994 according to the Hindu rites and customs. The allegation of the appellant herein is that the respondent was a quarrelsome, disobedient person, apart from being unchaste in her character. He stated that the respondent used to leave the matrimonial home without the knowledge of the appellant. He alleged that she had illicit intimacy with her previous employer. He had stated that the respondent confessed her relationship. She left her matrimonial house on 17.3.1995, but she made a complaint before the All Women Police Station, Kothaval Bazaar, Chennai, filed in C.C.No.3321/95. He stated that there is no chance of re-union and hence, sought for a decree of divorce.

(3.) AGGRIEVED of this, the petitioner has filed this appeal. The appellant submitted that the Court below failed to consider the evidence of the appellant on the question of harassment and her illicit intimacy with her previous employer; that considering the desertion by the wife-respondent, the Court below ought to have come to the conclusion that the appellant had proved his case, to grant the relief.