VEERASAMY Vs. JAYANTHI @ JAYALAKSHMI

JUDGEMENT

(1.) The appellant, who is the husband of the respondent has filed the above Civil Miscellaneous Second Appeal challenging the judgment and decree passed in C.M.A. No. 71 of 2011 on the file of Principal District Court, Cuddalore, confirming the order passed in H.M.O.P. No. 83 of 2011 on the file of Principal Subordinate Court, Cuddalore.

(2.) The appellant-husband filed H.M.O.P. No. 83 of 2011 for divorce on the ground of desertion and cruelty.

(3.) It is the case of the appellant that he got married to the respondent on 23.10.1988 and that they have a male child born on 10.09.1990. It is also the case of the appellant that the respondent-wife deserted him in the year 1990 and filed a suit in O.S.No. 67 of 1996 on the file of I Additional Sub Court, Cuddalore for partition and other reliefs. Thereafter, the appellant filed H.M.O.P.No. 87 of 2000 for divorce. The said Original Petition was dismissed for non prosecution. Thereafter, the respondent filed a petition in C.M.P.No. 407 of 2009 on the file of Judicial Magistrate No.III, Cuddalore under section 12 of the Protection of Women From Domestic Violence Act, therefore, the appellant contended that he could not concentrate on his professional work. The appellant also contended that the respondent is living with another man, hence he raised the ground of adultery. In these circumstances, the appellant filed the petition for divorce.