T.K. SARAVANA PERUMAL Vs. SHISHIKANA PERUMAL

JUDGEMENT

(1.) THIS is an appeal against the order of the learned Additional Judge, City Civil Court, Madras, dismissing the application filed by the appellant herein, under Section 27 of the Special Marriage Act, for a decree of divorce, on the ground that the respondent has treated the appellant with cruelty.

(2.) THE appellant herein was first appointed as a Lower Division Clerk in the year 1943 at Poona and later was transferred to the Local Audit Office at Bombay. At the time of the petition, he was employed in the Military Accounts Department, Government of India, as an auditor in the Local Audit, Defence Accounts Department. While the appellant was working at Bombay, on 2nd April, 1953 the marriage between the appellant who hails from Madras, and the respondent who hails from Bengal, was solemnised under the Special Marriage Act (III of 1872), since repealed by Act XLIII of 1954, and the marriage was registered at the office of the Registrar of Marriages, Bombay, on that date. The appellant and the respondent have two daughters aged 8 and 6 in 1961, now aged about 14 and 13 respectively.

(3.) ACCORDING to the allegations contained in the petition filed by the appellant, after the marriage the appellant and the respondent were living in Bombay for sometime; while so, the respondent ignoring the dislike of the appellant took to insurance job as a representative of the Life Insurance Corporation of India; the respondent habitually conducted herself towards the appellant with great harshness and cruelty, very frequently abusing him in the most insulting language, used to beat him with whatever she could lay hands upon, and was making the life of the appellant very miserable; there were several occasions at Bombay where the appellant and the respondent were living till about 1956, when frequent complaints were made and recorded in the Colaba Police Station; in 1955 the respondent filed a petition under Section 488, Criminal Procedure Code, against the appellant on the file of the XVI Presidency Magistrate's Court, Bombay, while she was living with the appellant, and the said complaint was rejected by the Magistrate on 26th April, 1956 on her own admission that she was living with the appellant; there used to be complaints by neighbours about the respondent to the officers of the appellant about the conduct of the respondent; the appellant's stay at Bombay was made intolerable by the frequent quarrels of the respondent; the appellant's life was made miserable by the frequent quarrels which the respondent had with the neighbours of the appellant also; even when the appellant was transferred to Poona in 1956, she was practically living her own there, without least regard to the appellant's wishes; in or about April, 1960, the appellant was transferred to Madras and at that time the respondent would not accompany him to Madras, but promised to join him later; after coming to Madras, the appellant fixed up a residence for living in a portion of No. 75, Pidariar Koil Street, G. T., Madras, and after much of correspondence the respondent joined him in or about the middle of May, 1960; soon after she joined the appellant, the respondent began her old ways of quarrels with the appellant, fisting him and assaulting him and also always quarrelling With the neighbour, with the result life was intolerable to the appellant; one day after Pongal, the respondent fisted the appellant and caused injuries to his person and the neighbours had to intervene and the appellant finding that his continuing to stay with her being detrimental to his life, had to seek refuge of his father, where he was staying at the time when he presented the petition to the Court, on or about 2nd February, 1961, without the least provocation from the appellant, the respondent picked up a quarrel and inflicted injuries on the appellant and by reason of such continued cruelty practised towards him, the appellant had to withdraw himself from the house No. 75, Pidariar Koil Street, and stay with his father at No. 36, Nattu Pilliar Koil Street. The appellant further stated that he has already taken custody of the first daughter and he wanted the custody of the second daughter also. On these allegations, in February, 1961, the appellant filed the petition referred to above, under Section 27 of the Special Marriage Act, 1954, praying for a decree for the dissolution of the marriage between the appellant and the respondent, for a decree granting divorce and for the custody of the child.