N SENTHIL NATH Vs. KARTHIGAI SELVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred against the judgment and decree passed in HMOP No.470 of 2005, dated 21.04.2015 by the Family Court, Madurai.

(2.) The case of the appellant/husband is that the marriage between him and the respondent/wife was solemnized on 13.02004 at Master Mahal, Madurai. From the date of marriage, he had not been leading a happy life with her. The wife told the appellant/husband that she was not willing to marry him and she was compelled by her parents and she was not interested to lead the life with the husband. Despite his best efforts, the wife has not come forward and did not show any interest in sharing the conjugal life. Subsequently, the respondent/wife and her family members threatened the appellant/husband over phone by using unparliamentary words and on 13.08.2005, the brother of his wife Muruganantham came with two men to the office of the appellant/husband and threatened him by stating that if he wants divorce, he should pay Rs. 30 Lakhs to the respondent/wife, otherwise he would be killed. When the appellant/husband contacted his Advocate and informed the happenings, his Advocate advised that since the matter is pending before the Court, there was no necessity to give any complaint. It is his further case that the respondent has taken all her jewels and valuable belongings at the time of her leaving from the matrimonial home and the respondent/wife had kept the key of the bureau with herself. Hence, the appellant/husband was constrained to file a petition for divorce.

(3.) It is the case of the respondent/wife that the parents of the respondent gave one lakh rupees in the presence of Soundarapandian, Chandra, Mohan, Chitra and Sudha, respondent's grandfather Solaiappan and one Rukmani and the appellant/husband parents demanded Rs. 50,000/- as marriage expenses. The appellant/husband and the respondent/wife had gone to Kodaikanal for Honeymoon and they spent their time happily. It is further stated that the appellant parents and his relatives compelled and threatened the respondent/wife for abortion and for that, the respondent and her parents refused to do the same and the appellant/husband parents demanded more dowry by stating that the jewels and other things brought by the respondent/wife were not sufficient and prevented from joining together and thereby caused intolerable sufferings to the respondent/wife. The appellant parents came to the house of the respondent/wife and demanded more dowry and also demanded to transfer the ownership of a house at Virudhunagar to the appellant's name and demanded a Car and they also threatened them that in the event of failure to bring all the above things, the appellant/husband would not live with her and when the respondent/wife immediately conveyed the same to the appellant/husband, he simply endorsed the view expressed by his parents and due to which, the respondent and her parents were under the impression that it would be all right, after the birth of child. Hence, the respondent prayed for the dismissal of the petition.