REJITHA Vs. VIKRAM V. RAJKUMAR

JUDGEMENT

(1.) This appeal is filed against the Order dated 08.08.2017 passed in I.A. No. 2157 of 2015 in O.P. No. 4236 of 2013 on the file of Principal Family Court (i/c) of II Additional Principal Subordinate Judge at Chennai, dismissing the application filed by the appellant herein under Section 24 of The Hindu Marriage Act for interim maintenance.

(2.) Brief facts, which are germane and necessary for disposal of this appeal are as follows.

(3.) The marriage between the appellant and the respondent was solemnised on 15.06.2012 in the office of the Sub-Registrar, Royapuram as per Hindu rites and customs. Such marriage was a love marriage between them. Thereafter, a marriage reception was arranged on 08.07.2012 at Hotel Palmgroove, Kodambakkam High Road, Chennai in the morning followed by another reception at Hotel Radisson Blu, near Chennai Airport on the same day in the evening. At the time of marriage, the respondent was carrying on transportation business and the appellant was working in Omega Airlines. After the marriage, the respondent and the appellant resided in a rented house at No.25, Kothari Nagar 1st Street, Nesapakkam, K.K. Nagar, Chennai for which the respondent herein has paid a sum of Rs.1 lakhs towards advance. According to the respondent, the marriage life went on peacefully for about three months and thereafter, differences cropped between the spouse. According to the respondent, the appellant wanted to lead a wayward life and expected the respondent to fulfil very many demands. It is the contention of the respondent that he sustained heavy loss in the business and in fact attempted to get an employment for a monthly salary. Even for settling the debts incurred by the respondent, he had pledged the jewels of the appellant and with the balance amount, he was running the family. It was further contended by the respondent that when he could not fulfil the demands of the appellant for purchase of clothing, accessory etc., as wished by her, she used to hit, bite and scratch the respondent. On hearing the quarrel between the appellant and the respondent at frequent interval, the house owner asked them to vacate the rented house and therefore, the respondent shifted the residence to Alandur, as wished by the appellant, as the rented house was very near to her parents house. Even at the rented house at Alandur, the quarrel between the respondent and appellant continued and on several occasion, the appellant threatened that she would commit suicide by leaving a suicide note implicating the respondent for her death. According to the respondent, on one such quarrel, the appellant openly uttered that she is not inclined to live with the appellant as the respondent could not fulfil her demands. The respondent, unable to tolerate the appellant's continued harassment, has even fulfilled the demands of the appellant by borrowing money from third parties. It was further contended that as he was not even allowed to sleep peacefully and the appellant continuously nagged him with various demands, apprehending that he may be at fault for any act that may be done by the appellant, he has given a police complaint on 28.10.2013 to the Commissioner of Police, Greater Chennai highlighting the threat given by the appellant. Thereafter, the respondent has filed OP No. 4236 of 2013 before the II Additional Family Court, Chennai under Section 13 (1) (i-a) of The Hindu Marriage Act for dissolution of the marriage.