R MALLIKA Vs. R RAJAGOPAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is by the respondent wife against the order of the Second Additional Family court, granting a decree of divorce to the husband who sought for a decree for divorce under Section 13 (1) (ia) and (ib) of Hindu Marriage Act, 1955.

(2.) THE respondent husband filed a petition under section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage on the ground that the wife, the appellant herein, had deserted the respondent and thereby the matrimonial home on 23. 6. 1994. It is stated that the marriage was solemnised as early as 27. 5. 1994. The respondent based his prayer for divorce alleging that the appellant threatened and harassed the respondent with the help of the police in the All Women Police Station at Adyar and the Anti Dowry Cell. Thus the respondent husband had suffered cruelty both mentally as well as physically and thus the appellant had indulged in acts of cruelty. It is also stated that the respondent attempted to commit suicide on more than one occasion and that the attempts made to bring about a settlement even after desertion by the appellant herein, to restore matrimonial peace and bring about re-union yielded no fruitful result.

(3.) IN the circumstances, the respondent herein preferred the application before the Family Court. The allegations therein were denied by the appellant herein. She alleged that the respondent physically assaulted her and demanded dowry, which resulted in a complaint before the anti Dowry Cell. She denied the allegation that she attempted on her life. She admitted in the petition that she left the matrimonial home in 1996 after a brief stay after the delivery of the child. However, it is stated that the allegations as regards cruelty and suicide were baseless and hence, prayed for dismissal of the petition.