G KAVITHA Vs. M GANESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been directed against the order dated 21.07.2015, passed in H.M.O.P.No.1134 of 2010, by the Principal Family Court, Coimbatore.

(2.) The appellant herein, as petitioner, has filed H.M.O.P.No.1134 of 2010, on the file of the trial Court, under Section 13(1-A)(ii) of the Hindu Marriage Act, 1955, praying to dissolve the marriage solemnized on 26.2.2001 between the petitioner and respondent.

(3.) It is averred in the petition that the respondent has married the petitioner on 26.02.2001 at 'Sheshathiri Swamigal Mahal Thirumana Mandapam', as per Hindu Rites and Custom and the same has been registered in Sub-Registrar Office, Gandhipuram, Coimbatore. Both the petitioner and respondent have been blessed with a male child on 14.11.2002. At the time of marriage, the respondent has served at Singapore and after sometime, the respondent has taken the petitioner, on tourist Visa, to Singapore. After expiry of Visa, the petitioner has returned to India during May 2001. The respondent has given assurance to get back the petitioner to Singapore, after making proper arrangements. But the respondent has not taken effective steps to take the petitioner to Singapore. During September 2001, the respondent has left the petitioner in her matrimonial abode. The respondent has lost his job in Singapore. After coming from Singapore, the respondent has not attended any job. The respondent has not at all cared to maintain the petitioner and the child. The respondent has left to Malaysia during January 2004 and promised that he would take the petitioner and child, after making necessary arrangements. But the respondent has failed to fulfill his promise. The petitioner has filed H.M.O.P.No.28 of 2008 for getting restitution of conjugal rights and also M.C.No.10 of 2008 for getting maintenance. Even after disposal of those proceedings, the respondent has not taken any steps to maintain the petitioner. The petitioner has issued a legal notice dated 07.12.2009, whereby called upon the respondent to resume matrimonial life. Even after receipt of the same, the respondent has not taken any steps. The respondent has caused mental cruelty to the petitioner. Under such circumstances, the present petition has been filed for getting the relief sought therein.