JAYAKUMAR Vs. VIJAYA RANI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is by the petitioner husband against the order of the II Additional Family Court, chennai, dated 12. 7. 2001 in F. C. O. P. No. 659 of 1996, rejecting the prayer for dissolution of marriage, under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955.

(2.) THE appellant husband sought for dissolution of the marriage on the ground of cruelty and desertion. The II additional Family Court, Chennai, dismissed the plea for dissolution of the marriage on the ground that the allegations were not proved. Aggrieved by the said order, the petitioner husband has come on appeal questioning the said order.

(3.) LEARNED counsel appearing for the appellant pointed out that the marriage between the appellant and the respondent took place on 4. 9. 1989 according to Hindu rites and customs. It is stated that the respondent's brother is a Police Constable. When the appellant and his mother went to see the child delivered, they were abused by the brother of the respondent herein. It is also stated that one of the brothers of the respondent, Yuvaraj, took out a knife to stab the appellant and that the appellant, his mother and his brother were insulted and abused. In spite of repeated steps to bring about settlement, there was no improvement in restoring the matrimonial ties.