P SHANMUGAM Vs. P KARPAGAM

JUDGEMENT

(1.) (PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, (Act 66 of 84) against the order dated 20.8.2003 made in H.M.O.P.No.91 of 1999 on the file of the II Additional Subordinate Judge, Coimbatore.) This appeal is by the petitioner/husband against the wife/respondent herein, challenging the correctness of the judgment and decree dated 20.8.2003 in H.M.O.P.No.91 of 1999 on the file of the II Additional Subordinate Judge, Coimbatore.

(2.) IT is stated that the appellant and the respondent herein were married as per the Hindu rites on 27.5.1998. The appellant alleged that he belonged to an agricultural family. The inequality in their status of living spoiled their marital peace and that the respondent lived away from the appellant herein. The appellant stated that he was under the fond hope that the respondent would mend her ways to live with him amicably. He alleged that considering the attitude of the respondent herein, their marital relationship was very depressive. He further alleged that the respondent aborted the child stating that she did not want to have a child through an uneducated husband. He further stated that he is the only son of his widowed mother and that the respondent insisted on setting up a separate home for themselves. When the appellant refused to this, the respondent started abusing the appellant. He stated that there was an attempt on the life of his mother and the respondent picked up a quarrel on 15.11.1998 only to attack him. Considering the mental and physical harassment, an application was made for divorce.

(3.) LEARNED counsel appearing for the appellant, reiterating the grounds raised in the appeal, submitted that considering the harassment meted out to the appellant herein and the long separation, the case merited to be allowed. LEARNED counsel submitted that the allegation of dowry harassment in the form of a criminal complaint was given in February, 2001 only to cover her behaviour. In the circumstances, learned counsel prayed that the appeal be allowed.