A SRIDEVI Vs. A P ARUN KUMAR @ KANNAN

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal arises out of the Judgment and Decree dated 31.08.2017 in H.M.C.M.A No 6 of 2017, passed by the learned Principal District Judge, Thoothukudi reversing the Judgment and Decree dated 10.11.2016 in H.M.O.P.No.117 of 2011 passed by the Learned Subordinate Judge, Kovilpatti.

(2.) The appeal was heard on the following substantial questions of law:-

(3.) The brief facts, necessary for disposal of the appeal are as follows: The Appellant is the wife and the respondent is the husband. The marriage between them was solemnized on 13.06.2008 at Kovilpatti. Subsequent to the marriage the couple were living in the respondents house at Chennai. No issues were born out of their wedlock. It is the case of the Respondent/husband that within few days from the date of marriage the Appellant/wife was very indifferent towards him and other relatives in the matrimonial home. The appellant/wife had stayed hardly for eight days at the matrimonial home and, on 27.06.2008 the appellant/wife's father came to Chennai and took back her daughter on the pretext of her mother's illness. On 09.07.2008 she was brought back by her father to the matrimonial home. However, to the surprise of the husband within five days, again the wife's father and her brother came to Chennai and took her back to the parental home at Kovilpatti without any valid reason. Thereafter the respondent/husband went to Kovilpatti to bring back his wife to the matrimonial home. On 07.10.2008 the appellant/wife returned to the matrimonial home along with her husband. After staying for another 6 days, on 13.06.2008 once again the appellant/wife even without informing to the respondent/husband or anyone and without his consent, had left the matrimonial home without any reasonable cause and thereafter she never returned back to the matrimonial home. The respondent/husband took steps to bring the appellant/wife back to the matrimonial home and the same ended in vain. The respondent/husband issued legal notice under Ex-P 2 for reunion to his wife and the Appellant/wife refused to receive the notice. Therefore the respondent/husband filed a petition in H.M.O.P.No.1358 of 2010 before the Family Court, Chennai seeking Restitution of Conjugal Rights. The Appellant/wife did not appear before the Family Court, Chennai and she moved a transfer application and got transfer of the same to the file of Sub Court, Kovilpatti and it was renumbered as H.M.O.P.No.31 of 2011. Even during the hearing of the above petition before the Sub Court, Kovilpatti, the appellant/wife did not appear and not prepared to join with her husband. Therefore the respondent/husband was constrained to withdraw the petition filed in H.M.O.P.No.31 of 2011and filed the petition in H.M.O.P.No.117 of 2011 before the Learned Subordinate Judge, Kovilpatti seeking divorce on the ground of cruelty and desertion.