S SANKAR Vs. C SAGUNTHALA DEVI

JUDGEMENT

(1.) THE petitioner/husband who filed H.M.O.P. No. 127 of 2005 under Section 13(1)(ia) and Section 13(1)(ib) of the Hindu Marriage Act (25 of 1955) against the respondent/wife for dissolving the marriage between them, is the revision petitioner before this Court.

(2.) H.M.O.P. No. 127 of 2005 has been filed by the petitioner/husband by contending that the respondent/wife is a Megalomaniac and she was constantly nagging the petitioner, resulting in causing indelible mental agony and therefore, the wife is guilty of being cruel to him, it is further stated by the husband that, after the marriage held on 30.8.2001, at Aval poondurai, they left for U.K. on 11.9.2001. A male child by name Rahul was born to them on 20.11.2002. it is the further contention of the husband that the wife left for India on 9.4.2003, But, instead of heeding to the advice of the husband-s parents, she gave a police complaint against him and his parents, as if they demanded dowry. Hence, he sought for dissolving the marriage solemnized on 30.8.2001. This petition was resisted by the respondent/wife by filing a counter statement.

(3.) THIS was seriously resisted by the respondent/wife by contending that I.A. No. 41 of 2008 has been filed to escape from the criminal case which is pending before the Judicial magistrate, Erode. In fact, a non - bailable warrant is pending against him. Further, the maintenance amount ordered by the trial Court Which was enhanced by the High Court was not at all paid by the petitioner/husband. Hence, she preyed for the dismissal of this application.