S. INDIRANI Vs. V.R. DHAMODHARAN

JUDGEMENT

(1.) The respondent wife, who suffered a decree of divorce on the ground of cruelty and desertion in HMOP.No.408 of 1996 on the file of the Family Court, Coimbatore is the appellant. H.M.O.P. No. 408 of 1996 was filed by the husband seeking divorce on the grounds of cruelty and desertion.

(2.) According to the husband, the marriage took place on 09.09.1983 at Jangamanaickenpalayam Village. The husband, was working as a teacher at Kalasapakkam in the then North Arcot District. The wife had refused to join with him at Kalasapakkam or at Pappreddipatti where he was subsequently transferred. It is stated that she wanted to pursue her studies for writing examinations for Indian Administrative service and public service commission. She has also quarrelled with the petitioner and his aged mother. She did not live with the petitioner for even 45 days continuously.

(3.) She had indulged in making false accusation against the petitioner and his mother. She had issued a notice claiming that the petitioner had illicit intimacy with another women at Karamadai and she had given several complaints to the authorities complaining that the petitioner and his mother have demanded dowry. One such a complaint was also taken up as a calender case in CC.No.670 of 1999 and after a full trial, the Court acquitted the petitioner of charges under Sec. 498-A I.P.C. Claiming that the conduct of the respondent and her constant refusal to live with the petitioner from the year 1986 amounts to cruelty and desertion, the petitioner has sought for a decree of divorce.