(1.) The appellant is the husband, he filed the the HMOP. No. 11 of 2003 for divorce under section 13 (1) (i-a) and (i-b) before the Family Court, Madurai, on the ground of desertion and cruelty. The trial Court after considering the entire material available on record was pleased to dismiss the same. Hence the present appeal.
(2.) The learned counsel for the appellant would submit that the respondent was iltreating the appellant that the respondent's family was richer than the appellant. It is she who did not come back to the matrimonial home. The respondent committed cruelty by harassing and iltreating the appellant. Therefore the appellant filed the above HMOP.
(3.) The learned counsel for the respondent would submit that even during the pendency of the proceedings before the Family Court, the appellant has given a false complaint against the respondent. The respondent is always ready and willing to live with the appellant. The appellant has made a demand for dowry. The respondent has never left the matrimonial home on her own, hence, no interference is required.