A R JAYACHANDRAN Vs. CHANDRAKALA @ J CHANDRA

JUDGEMENT

(1.) The appellant has come forward with these appeals questioning the correctness of the Decree and Judgment dated 02.05.2011 made in HMOP No. 651 of 2007 and HMOP No. 819 of 2007 on the file of Family Judge, Coimbatore. By the said Judgment, the Family Court dismissed HMOP No. 651 of 2007 filed by the appellant/husband under Section 9 of The Hindu Marriage Act (hereinafter referred to as The Act) for restitution of conjugal rights and allowed HMOP No. 819 of 2007 filed by the wife/respondent for dissolution of the marriage.

(2.) Brief facts which are necessary for disposal of these appeals are succinctly narrated hereunder.

(3.) The marriage between the appellant and the respondent was solemnised on 06.11.2000 at Muthusamy Mudaliar Marriage Hall, Kuniyamuthur, Coimbatore District as per Hindu rites and customs in the presence of elders, friends and relatives of both sides. After the marriage, the appellant and the respondent lived together as husband and wife at the house of the appellant at Palanisamy Nagar, Arumugha Goundanoor, Perur Chettipalayam, Coimbatore for 1 = years. The appellant is a Neuro Psychology Technician and running a ECG Diagnostic Centre under the name and style of Sri Jayam ECG Diagnostic Centre at Gandhipuram, Coimbatore. While the appellant was running the Diagnostic business, as aforesaid, he got an employment at Kuwait and therefore, he left India and during the course of the employment of the appellant at Kuwait, the respondent stayed at her parents house at Karamadai and was also taking care of the Diagnostic Centre business. However, at the insistence of the respondent, the appellant left his employment at Kuwait and returned India. After his return to India, the appellant lived with the respondent at his parents house at Palanisamy Nagar for one year leaving his parents at his brother's house. During July 2004, the appellant and the respondent shifted their residence and lived at a rented house at New Siddhapudur, Coimbatore. According to the appellant, even after four years of marriage, they were not blessed with any child and therefore, both of them have taken treatment. In the meanwhile, at the insistence of the respondent, the appellant started a Medical Shop in the name and style of Sri Jayam Medicals at Annaji Rao Road, Mettupalayam during the year 2005 at a cost of Rs.6 lakhs and the shop was looked after by the elder sister of the respondent, while the appellant was looking after the diagnostic centre business. According to the appellant, on 212.2006, his father in law died and thereafter, the respondent frequented her mother's house to look after her. The respondent did not return to the matrimonial home for several days inspite of the request made by the appellant. Even though the respondent returned to the matrimonial home on and off, from 28.04.2007, the respondent did not return to the matrimonial home. Even though the appellant went to the respondent's mother's house along with his mother and sisters, the respondent refused to accompany the appellant by stating that he is impotent and not capable of giving birth to a child. According to the appellant, the respondent also exhibited disrespect towards his mother and sister and also portrayed rude behaviour. Thereafter, during May 2007, inspite of the rude behaviour of the respondent, the appellant convened a meeting in the presence of elders of both sides and during such meeting, the mother of the respondent assured to send the respondent back to the matrimonial home, but the respondent did not return to the matrimonial home. In such circumstances, the appellant has filed HMOP No. 651 of 2007 under Section 9 of the Act for restitution of conjugal rights.