PAUL SUNDARAM Vs. THAYNESMARRY @ THAYNES

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the fair and decreetal order, made in IDOP.No.41 of 2008 on the file of the Principal District Judge, Pudukkottai, dated 12.04.2011.

(2.) The appellant / husband is the petitioner in IDOP.No.41 of 2008 on the file of the Principal District Judge, Pudukkottai. The first respondent is wife of appellant and the second respondent is husband of first respondent's elder sister.

(3.) The appellant filed IDOP.No. 41 of 2008, against the first respondent, for divorce on the ground of cruelty, adultery and desertion. According to the appellant, appellant and first respondent got married on 17.06.1999 as per the Christian Rites and Customs. From the beginning of the marriage, the appellant and first respondent did not have any normal matrimonial life. The appellant came to know that even before the marriage with the appellant, the respondents had illicit relationship. Both the appellant and the first respondent are working as teachers and they were posted at different places and they were living separately. The appellant used to visit the first respondent often and at that time, the appellant came to know that the second respondent used to go to the house of the first respondent often and used to stay with the first respondent on Sunday to Wednesday. The first respondent also used to go to the second respondent's house at Pollachi during Saturday and Sunday. When the appellant went to the house of first respondent, he found a letter written by the second respondent to the first respondent and took copy of the same and left the original in the house of the first respondent itself. The first respondent also admitted that she had illicit relationship with the second respondent and has written to the appellant to that effect. The first respondent has stated that she will not live with the appellant and without any reason has deserted the appellant. The first respondent ill-treated the parents of the appellant by using filthy language and insisted the appellant to have a separate life. On these averments, the appellant filed the above IDOP, for divorce.