DEVIKA RANI Vs. V SRIDHARAN

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed against the against the Judgment and decree in F.C.O.P.No.932/96 dated 23.3.2001 on the file of the Additional Family Court at Chennai, granting a decree of divorce in favour of the first respondent/husband.

(2.) IT is the case of the first respondent/husband that the marriage between the appellant and the first respondent took place on 23.8.1982 and a male child was born to them on 24.5.1993. After the birth of the child, their married life was not happy. The appellant/wife used to ridicule the husband as he is handicapped, which caused him mental agony. The appellant is living in adultery with the second respondent, who is working as a fitter in Loco Shop in Loco Works, Integral Coach Factory, Chennai and deserted the husband from December 1991. Therefore he sought for dissolution of their marriage. The additional ground of cruelty is also taken by the first respondent by filing of an interlocutory application.

(3.) LEARNED counsel appearing for the appellant has very strenuously contended that though originally the divorce Petition was filed on the grounds of desertion and living in adultery, the ground of cruelty was allowed to be incorporated only after the trial was over and the appellant was not given any opportunity to establish or defend the case projected by the parties. The relief of divorce has been granted based on certain letters written by the wife, which are all prior to the year 1992. Subsequently, the appellant and the first respondent have lived together for some time as husband and wife. Hence, all the acts that were done prior to 1992 are deemed to have been condoned, which cannot form basis for any relief in favour of the husband. She has further contended that as the parties lived together for some period that because of living together in the year 1992, the act of cruelty is deemed to have been condoned in law and that cannot form basis for granting divorce. She lastly contended that even today the appellant is having very cordial relation with all other members of the husband except her husband. By contending so, the learned counsel sought to set aside the decree of divorce granted by the Family Court.