ANTHONICHAMY Vs. RANI @ EZHILARASI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant, who is the husband of the respondent, against the fair and decretal order, made in I.D.O.P. No. 175 of 2000, dated 22.01.2007 on the file of the Principal District Court, Thoothukudi.

(2.) The brief facts of the case of the appellant are as follows:-

(3.) The respondent/wife filed counter-affidavit denying all the averments as false and accusation that she is having a clandestine relationship with her brother-in-law is only a false statement. It is not the respondent, who used to avoid living with the appellant, but it is the appellant, who used to avoid the respondent and used to find fault with the respondent on trivial matters and picked up quarrel with her and the appellant had beaten the respondent and threw her into the street in a dreadful night with her child and that is the reason why, the respondent is residing with her parents and further contended that the appellant only with an intention to escape from the clutches of law, possibly if steps taken by the respondent for maintenance and for other reliefs, the appellant has come out with this false case and the same caused mental agony to the respondent and prayed for dismissal of the petition.