A B NATARAJAN Vs. S MALA

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal has been filed by the appellant to set aside the judgment and decree passed by the learned VI Additional District Judge, Madurai in H.M.C.M.A.No.5 of 20011 dated 01.10.2013 confirming the fair and decreetal order passed by the learned III Additional Sub Judge, Madurai, in H.M.O.P.No.362 of 2008 dated 30.04.2011.

(2.) The appellant is the husband and the respondent is the wife. The marriage between the appellant and the respondent was solemnized on 28.05.2007 at Usilampatti according to Hindu Customs and Rites in the presence of their elders. At the time of marriage, the appellant was studying second year in Madras Law College and the respondent was temporarily working as Team Leader in B.S.N.L. after completing her M.C.A. and M.Phil. After the marriage, the appellant and respondent were living in the appellant's house at Usilampatti for some time and as the appellant was studying in Chennai, he used to come to Usilampatti twice in a month and stayed with his wife nearly for five days. While so, the respondent wife picked up a quarrel with the appellant for setting up a separate family. Thereafter, the parents of the appellant allotted a portion of their house to have a separate family for the appellant and the respondent with all facilities. In such circumstances, the respondent resigned her job as Team Leader in B.S.N.L at Chennai and joined as Lecturer in Pasumpon Muthuramalinga Thevar College, Usilampatti.

(3.) In the meantime, misunderstanding developed between the appellant and respondent as the respondent threatened the appellant saying that she will send the appellant and his family members behind the bar by lodging a case of dowry demand. Thereafter, she started spreading rumours that the appellant is going to marry one of his relatives and also threatened of committing suicide in the event of the appellant talking to his parents. It was the further case of the appellant that on 11.09.2008, when the appellant went to attend the marriage of his wife's brother without invitation, there was a wordy quarrel over the jewels between the appellant and the brother of his wife, which resulted in registration of a case in Crime No.404 of 2008 on the file of the Inspector of Police, Usilampatti Town Police Station against her brother and other family members of his wife, pursuant to which, as a counter blast, a case was lodged against the appellant's family members and the said complaint lodged by his wife was subsequently closed as false. In the meanwhile, the appellant came to know that a male child was born to his wife on 26.02.2009 and he was not allowed to see the child. Thereafter, the appellant had filed H.M.O.P.No.362 of 2008 for divorce under Section 13(1) (i-a) of the Hindu Marriage Act.