J BALASUBRAMANIAM Vs. S PITCHAMMAL

JUDGEMENT

(1.) The civil miscellaneous appeals are filed by the appellant against the judgment and decretal orders dated 30.06.2000 in H.M.O.P.Nos. 175 of 1996 and 130 of 1997 on the file of the Court of the Family Judge, Madurai. Both the appeals are taken up together and dispose of by a common order.

(2.) The brief facts arising out of the above are as under:

(3.) Learned Counsel appearing for the appellant has contended that the lower court has failed to appreciate that the respondent wife not only abused and ill-treated the appellant but also his parents and other family members. Further, it was stated that there was letters written by the wife to the appellant's employer and also his friends regarding his alleged illegal relationship with another women which thereby brought disgrace in the eyes of the employers, which is nothing but mental cruelty. Further, it was alleged that the appellant tried to marry one Elisabeth and further it was submitted that the wife in her evidence has admitted regarding lodging of police complaint against the appellant and also enquiry conducted by the police. These evidences were clearly amount to nothing but cruelty and further they were not living together for the past ten years and hence, the marriage was irretrievably broken down. It is therefore submitted that the lower court is wrong in dismissing the divorce petition and relying on the following judgments to support his contention: