S N VENKATA KRISHNAN Vs. P JAYA BHARATHY

JUDGEMENT

(1.) This appeal is filed as against the order dated 06.03.2018 passed in I.A. No. 3729 of 2017 in O.P. No. 3092 of 2017 on the file of VI Additional Family Court, Chennai, in and by which, the Family Court partly allowed the application filed by the respondent herein in I.A. No. 3729 of 2017 in OP No. 3092 of 2017 and directed the appellant to pay a sum of Rs.15,000/- per month towards interim maintenance to the respondent and Rs.15,000/- towards litigation expenses.

(2.) The Original Petition was filed by the husband/appellant herein contending that his marriage with the respondent/wife was solemnised on16.06.2016 at Periyar Kalyana Mandapam, Chennai as per Hindu rites and customs and the marriage was arranged by elders of both the families. Prior to the marriage, an engagement ceremony took place on 25.02.2016. The marriage expenses were shared by the family of the appellant as well as by the respondent and after the marriage, the respondent stayed in the house of the appellant for a short period. During such stay, the respondent did not even allow the appellant to touch her and she refused to even talk to him freely. Even when the appellant and the respondent went to Wayanad for a honeymoon, the respondent expressed her unwillingness to engage in any physical relationship. When the appellant attempted to have sexual intercourse with the respondent, she pushed him away and not even allowed him to touch her. Even though the honey moon trip was planned till 30.06.2016, the appellant and the respondent returned back to Chennai even on 29.06.2016. When the appellant and the respondent reached Chennai Railway Station, the parents of the respondent took her to their home without even informing the appellant or his parents. Thereafter, when the appellant informed the father of the respondent about her refusal to cohabit, the father of the respondent informed that the fault is attributable towards the appellant and required the appellant to undergo a medical test. In order to disprove the allegations levelled against the appellant, he even underwent a medical test on 01.07.2016 and the results were in favour of the appellant. Therefore, on 02.07.2016, when the medical reports were shown to the parents of the respondent, they understood that the fault is on the respondent. Above all, the appellant submits that the respondent was adamant in character, she did not discharge her matrimonial obligations and did not respect the elders in the family. Even during the short stay in the matrimonial home, the respondent used to go to the hospital every week to get an injection and the reasons for the same were not revealed to the appellant As per the advice of the parents of the respondent, the respondent returned back to the matrimonial home on 03.07.2016, however, there was no change in her attitude. On 27.07.2016, the family of the appellant and the respondent went to Thirupathi to have a darshan of the deity and even during such trip, the respondent remained calm and did not speak to any one. During October 2016, the appellant, respondent and the parents of the appellant went to Kasi and there also the respondent remained alone and did not shown any interest to enjoy the trip. During November 2016, the respondent became pregnant and the appellant took adequate care and provide all the comforts to her. During December 2016, the respondent went to her parents house and on 26th December 2016 when the appellant went to see her, he was abused and driven out of her parents house due to a petty quarrel. On 17.02.2017, a function was arranged to celebrate the 5th month of the pregnancy. One day prior to the said function, the respondent asked the appellant to return all her jewels kept in the matrimonial home and accordingly they were returned. On 01.04.2017, the respondent came to the matrimonial home and at that time, there was a quarrel between the appellant and the respondent which was witnessed by the tenants in the house. Thereafter, the respondent immediately left the matrimonial home. On 11.07.2017, the respondent delivered a female child and the appellant along with his parents went to the Nursing home and met the respondent and the new born child. Subsequently, when the appellant and his father went to the parents house of the respondent on 29.07.2017, the respondent did not treat the appellant and his father properly and there was a quarrel in this regard. During such quarrel, the father of the respondent as well as the respondent physically assaulted the appellant's father and torn his shirt which had come as a rude shock to the appellant and his father. Thus, according to the appellant, by reason of the adamant and unruly behaviour of the respondent and his father, his matrimonial life has been ruined and he was subjected to acute matrimonial cruelty. In such circumstances, the appellant has filed the Original Petition for dissolution of the marriage on the ground of cruelty.

(3.) On notice, the respondent has filed a Original Petition in O.P. No. 3613 of 2017 for restitution of the conjugal rights.