RENUKADEVI Vs. RAJAGOPAL

JUDGEMENT

(1.) The wife's petition for divorce in H.M.O.P.No.691 of 2001 was dismissed and the husband's petition for restitution of conjugal rights in H.M.O.P.No.90 of 2002 was allowed by a common order dated 05.08.2004. The parties got married on 06.07.1998 at Coimbatore. There are no issues out of the said marriage. The wife would seek divorce on the ground of cruelty. It is averred in the petition filed for divorce that there was ill-treatment soon after the betrothal ceremony. Apart from demand of dowry of Rs.10,000.00, he demanded articles and jewels. The husband insisted that she should give up her job and be a Home maker. Even prior to marriage, she made it clear that she would continue to work. The respondent-husband used to return home everyday around 2.00 a.m and state that he has spent time with friends. Whenever she questions such conduct, she was beaten up by the respondent-husband, thereby causing physical and mental agony. The mother of the respondent also harassed her. The suspicion entertained by mother also created severe mental stress to the appellant-wife. Even very significant details about the family of the respondent were kept out of her knowledge. All these led her to leave the matrimonial home in Nov. 1998. She started living with her parents and attending office from there. After about six months, she took a room in Masanic Womens Hostel, Race course, Coimbatore and she was residing there upto March, 2001. Since the respondent required her to join him many times, on 08.02.1999, she came to the house of the respondent with her father. But unfortunately, on the very next day, i.e., 09.02.1999, the respondent beat her. She had sustained severe injuries and 10.02.1999, under the guise of going to office, she left the matrimonial home and she has undergone treatment in Sri Sabari Clinic for the injuries sustained by her. Even after she left the house, the respondent did not allow her to live peacefully. The respondent regularly visited her office and made allegations against her to her superiors. He had even accused her of infidelity and claimed that she has deserted him for no reason. During March 2001, the brother-in-law of the respondent gave a complaint to B-4 Police Station, Coimbatore, to re-unite the couple. In the guise of enquiry at the Police Station, the respondent demanded that she should resign her job and join him in Mettur where he was working at that time. On 14.12.2001 at about 7.00 p.m, the respondent had come to her house and beaten her severely stating that she must join him immediately. The mother of the respondent made an attempt to pacify him and she was also assaulted by him. The respondent had given a police complaint on 19.12.2001 stating that he wishes to live with the appellant. Again the police called her for enquiry and the police officials were apprised of the criminal acts committed by the respondent and his family. All these culminated in filing the petition for divorce in Dec. 2001.

(2.) The respondent-husband resisted the petition denying all the allegations cruelty. He claimed that neither himself nor his mother harassed her in the manner claimed in the petition. He would also deny the claim that they demanded dowry and other articles. He claimed that the appellant stayed in her parents house for long periods. The complaint given by the brother-in-law of the respondent, was only with a view to re-unite the couple and the same cannot be treated as any sort of cruelty. The respondent would claim that the appellant had agreed to live with him before the police authorities. But she did not join him at Mettur. On the above pleadings, the respondent sought for dismissal of the divorce petition.

(3.) The respondent had filed H.M.O.P.No.90 of 2002 on 27.02.2002, seeking restitution of conjugal rights. He claimed that the wife had deserted him without any just cause. Hence, he is entitled for restitution.