MURALI KRISHNA Vs. K M CHOODAMANI

JUDGEMENT

(1.) This appeal is filed by the appellant/husband aggrieved by the Judgment and Decree dated 13.12.2013 passed in O.P. No. 3379 of 2008 on the file of Principal Family Court, Chennai. By the said Judgment dated 13.12.2013, the Original Petition filed by the appellant, for dissolution of the marriage solemnised between him and the respondent on 29.04.1990, on the ground of cruelty, was dismissed.

(2.) The facts, as could be culled out from the Original Petition filed by the appellant, are as follows:-

(3.) Repudiating the averments in the Original Petition, respondent filed a counter affidavit contending that she never left the matrimonial company of the appellant and stayed in her parents house for a longer period, as alleged. Even her desertion is not voluntary but she was forced to leave the matrimonial home due to the harassment and abuse perpetrated at the instance of the appellant and his family members. The matrimonial rift was caused due to the fact that the respondent could not get pregnant and therefore, the appellant and his family members insisted the respondent to give her consent for dissolution of the marriage so as to enable the appellant to get married again. When the respondent refused to give such consent, she was forcibily sent out of the matrimonial home. It is true that the respondent was taken to a fertility clinic and she subjected herself to all the clinical examination. Therefore, the allegation that the respondent did not cooperate for the treatment is denied.