K.C.ALLWYN JOHN Vs. A.AROKIA RUBY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the husband against the order of dismissal, dated 29.02.2016 in D.O.P.No.603 of 2010 by the Principal Family Court, Coimbatore, which was filed by him against his wife for dissolution of marriage on the ground of cruelty, i.e., under Section 10 (1) (x) of the Divorce Act, 1869.

(2.) The appellant / husband as petitioner averred that marriage between him and the respondent took place on 18.01.2008 at Coimbatore as per the Christian rites and rituals. The respondent was running a garment unit under the name 'Ruby Garments' in Tiruppur, that the unit was also looked after by her brother. At her request, the appellant / petitioner availed personal loans from the private banks and also arranged money through credit cards and gave to the respondent and to her brother, nearly to the tune of Rs.15,00,000/-. Though it was assured to be repaid within a month, it was not done. The garment unit was closed within a month. The respondent was not showing any interest in family life and she had told the petitioner that she is not interested in married life and only to help her brother she married the petitioner. The take home salary of the petitioner became almost nill, as he had to repay the borrowed amounts. The respondent went missing on 13.05.2009 and on 16.05.2009 a complaint was preferred before the Commissioner of Police. On 30.05.2009, the respondent herself came to the petitioner's house and began to abuse the petitioner and his family members. After a year she left the matrimonial house, she forcibly entered into the petitioner's house on 16.05.2010 and attacked the petitioner's mother and a complaint was preferred. She also lodged a false dowry complaint against the petitioner. She had vowed to disintegrate the family of the petitioner and the appellant / petitioner is at the apprehension that his life is in danger at the hands of the respondent.

(3.) The respondent in her counter admits the marriage between the appellant / petitioner and the respondent as per Christian rites. Ruby Garments belonged to the respondent's brother. Only due to the compulsion of the petitioner, it was transferred to the respondent's name and the appellant only caused the loss and closed the unit. Only the appellant / petitioner, his mother and sister treated the respondent cruelly and due to mental agony she suffered, the respondent went to Salakudi Prayer hall to purchase peace and utilizing the same, the appellant / petitioner lodged the complaint of missing. The respondent lodged a complaint against the petitioner only with an intention to join with the appellant / petitioner.