GANDHI Vs. S.JEYASUDHA

JUDGEMENT

(1.) S.Gandhi, the appellant herein got married to the respondent Jeyasudha on 4/9/2002 as per hindu rites and customs. The petitioner was employed in National College, Trichirappalli as a Lecturer in Tamil Department. According to the appellant, the respondent herein committed acts of cruelty on him. He therefore filed HMOP No.40 of 2005 on the file of the Sub Court, Trichirappalli seeking dissolution of his marriage with the respondent. The respondent herein filed HMOP No.282 of 2006 before the very same court for restitution of conjugal rights. Both the petitions were taken up together and disposed of by a common judgment dtd. 25/1/2011. While the HMOP filed by the appellant/husband was dismissed, the one filed by the respondent/wife was allowed. Challenging the same, the appellant filed CMA Nos.60 and 61 of 2011 before the Principal District Judge, Trichirappalli. By a common judgment dtd. 26/6/2013, both the appeals were dismissed. Questioning the same, these civil miscellaneous second appeal have been filed.

(2.) The appeals were admitted on 26/9/2013. This Court framed the following substantial question of law :

(3.) It is not in dispute that since April 2003, the parties herein have been living apart. Thus, more than 15 + years have gone by. HMOP No.40 of 2005 was filed by the appellant/husband on 24/1/2005. HMOP No.288 of 2006 was filed by the respondent/wife on 28/8/2006. This Court can safely come to the conclusion that the petition filed by the wife is more a response to the proceedings initiated by the husband. The appellant examined himself as P.W 1 while the respondent examined herself as R.W 1. On the side of the appellant, Exs.A1 to A16 were marked. On the side of the wife Ex.R1 was marked.