Y VIKRAM Vs. S SEETHALAKSHMI

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal is preferred against the reversal of decree of divorce passed by the trial Court.

(2.) Appellant is the husband and petitioner in divorce petition. According to the appellant, the marriage between the appellant and the respondent was solemnised on 27.08.2010 as per Hindu rights and customs. Respondent was presurrising the appellant to set up a separate matrimonial home. Appellant was not willing to leave the aged parents without any support and, therefore, he politely declined to accept the demand of the respondent. While the matter stood thus, on 11.10.2010, the respondent had consumed rat poison and was admitted in hospital. Respondent's parents have beaten up the parents of the appellant. This has further deteriorated the situation. On 11.10.2010 at around 11.00 p.m., parents of the respondent and her relatives, along with ten rowdy elements, attacked the appellant and his parents mercilessly and also abused them in filthy language. A police complaint was also lodged. After some days, the respondent asked the appellant to return her PAN Card, ATM Card, Cheque Book and educational certificates and, after taking those documents, she left the matrimonial home and permanently stayed with her parents. The appellant, having no other alternative, issued a legal notice on 04.12.2010 for re-union, which was replied with some false allegations. Thereafter, the respondent did not come to the matrimonial home. The appellant was also having fear that bringing her back to the matrimonial home will jeopardize his life further and, therefore, he filed a petition for divorce.

(3.) The respondent, inter alia, denied all the allegations and woud allege that the family members of the appellant abused her family members in filthy language even before marriage. The appellant was never insulted, but, on the other hand, the appellant's uncle only abused the respondent. The incident of attack on the appellant and his parents was all denied as false. She had consumed poison due to the fear created in her mind by the parents of the appellant. After the intervention of police officials, she agreed to stay in the matrimonial home, but the appellant did not permit her to stay in his house, but, instead, sent her back with PAN Card, ATM Card, Cheque Book and educational certificates. She has not left the house voluntarily, but was chased way from the house. While there were negotiations, mother of the appellant lodged a false complaint with police against her parents and relatives. The allegation of cruelty is false and she is always willing to lead a peaceful matriminial life in a separate residence, to avoid future problems.