G. KESAVAN Vs. P. VISALAKSHI

JUDGEMENT

(1.) The unsuccessful husband is before this Court against the order rejecting his prayer for divorce by the Courts below.

(2.) The appellant/husband filed a petition for divorce on 13.06.1994 on the grounds of mental cruelty. The appellant/husband and the respondent/wife got married as per Hindu Rites and Customs on 03.03.1991. The appellant/husband is an Electrical Engineer having Bachelor's Degree in Engineering. He was employed as Sales-cum-Service Engineer and due to his avocation, he had to travel four to five days in the States of Tamil Nadu and Kerala. In view of the nature of his job and considering the safety of the respondent/wife, he was living with his parents as a joint family. The parties have got a female child born to them on 03.09.1992. But the wife refused to come back to matrimonial home. On the persuasion of the elders, the appellant brought the respondent/wife to his house. But the respondent/wife has left the matrimonial home with the child on 01.11.1992 without informing anyone and also lodged a police complaint on 02.11.1992. Despite several mediation's and legal notices, the respondent refused to resume her marital obligation and wilfully lived separately. The respondent/wife insisted that she will come back only on setting up a separate home, in the reply notice. Controverting the allegations, wife filed a reply statement. The respondent/wife denied the allegations made by the appellant and had contended that it was impossible and dangerous to live along with her mother-in-law and therefore, she insisted on setting up separate home and never refused to rejoin the appellant/husband. Both the Courts below, after framing appropriate issues have found that cruelty is not made out by the appellant/husband and considering the young age of the parties, rejected the request of the appellant/husband for divorce. Against which, the present appeal has been preferred.

(3.) In spite of notices and paper publications, the respondent/wife has not chosen to appear before this Court.