N. DAYALAN @ KANAGARAJ Vs. GOWRI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the husband against the dismissal of the H. M. O. P. No. 390 of 2009 by the Additional Principal Family Court, Coimbatore in its order, dated 09. 02. 2015, which was filed for divorce under Section 13 (1) (ia) and 13(1) (ib) of Hindu Marriage Act.

(2.) It is averred by the husband in the petition that marriage between the petitioner and respondent was solemnized on 13. 09. 2009 as per Hindu Rites and Customs at Coimbatore and they were blessed with three sons. From the very beginning of the marriage, the respondent has not acted as a dutiful wife and gave scant respect to him. She used to quarrel with family members for each and everything and caused mental cruelty. She also lodged a police complaint against the petitioner and his mother resulting their incarceration for about 15 days and thereby they sustained mental and physical cruelties. On the basis of the complaint, charge sheet was laid and the petitioner and his mother faced sessions case. During the pendency of the sessions case, compromise was arrived at between the parties, whereby the petitioner executed release deed settling his properties. Both the parties agreed to file mutual consent divorce petition after six months from the date of dismissal of the above said sessions case. The respondent had separated from matrimonial home on 04. 05. 2005. The effort for reunion went in vein. Therefore the appellant / petitioner has come forward with the petition for divorce.

(3.) The respondent in her counter admits the marriage and birth of the children. Lodging the complaint with all women police against the petitioner and his mother is also admitted. Considering the future of the children, a compromise was entered into whereby the husband relinquished his rights in the property purchased in the joint name. Only on the basis of the sworn affidavit filed by the respondent, S. C. No. 216 of 2006 was quashed by the High Court. Both the spouses agreed to forget and forgive the earlier misunderstandings and live happily with mutual understanding. It is false to say that the respondent deserted the petitioner. The petition has been filed with malafide intention and the same is liable to be dismissed.