A.K. PADMA KALAVANI Vs. V. ARUN SACHANDRA

JUDGEMENT

(1.) The respondent herein has filed HMOP No. 905 of 2008 before the Family Court, Coimbatore under Sec. 13 (1) (ia) of The Hindu Marriage Act for dissolution of the marriage solemnised between him and the appellant herein on 04.06.2003. He has also filed GWOP No. 967 of 2008 under Sec. 6 of The Hindu Minority and Guardian Act read with Sec. 25 of The Guardian and Wards Act, before the same Court, seeking to handover the custody of the minor daughter to him. The Family Court, by a common order dated 28.04.2014 allowed both the petitions filed by the respondent. Aggrieved by the order dated 28.04.2004 passed in HMOP No. 905 of 2008, the appellant has come forward with this appeal.

(2.) The averments in HMOP No. 905 of 2008 filed by the respondent before the Family Court, Coimbatore are to the effect that proposal for the marriage between him and the appellant was initiated at the instance of one of the family friends of the respondent by name Mr. Subramaniam and after deliberations and discussions among elders of both sides, the marriage between him and the appellant was solemnised on 04.06.2003 at Coimbatore as per Hindu rites and customs. At the time of marriage, there was no demand made by the respondent or his parents for dowry. After the marriage, the respondent and appellant commenced their matrimonial journey at the house of the respondent along with his parents. According to the respondent, the house of the appellant is situated in the same street where they resided. It is the contention of the respondent that soon after the marriage, the appellant informed him that she did not like the respondent and that she was forced to marry him by her parents. Therefore, according to the respondent, there was no cohabitation between him and the appellant for about 17 months which caused acute mental agony and cruelty to him. Due to nonconsummation of the marriage, there were frequent quarrels between them. It is also stated that the appellant was arrogant in her behaviour and she did not respect the elders in the family. When the parents of the appellant questioned the appellant regarding her conduct and behaviour, she openly uttered to them that the marriage was against her wishes and that the respondent is not the one whom she wanted to marry. Later, the appellant became pregnant and she went to her parents house. On 28.02007, a female child was born and when the respondent and his parents went to see the new born child, the appellant refused to show the baby to the respondent and humiliated him and his parents. Subsequently, the appellant came to the matrimonial home along with the female child.

(3.) According to the respondent, during March 2008, he shifted the matrimonial home to Periyanaickenpalayam as the appellant did not like any of the relatives or friends to visit the matrimonial home. He has also provided all the necessary comforts and amenities to the appellant. The matrimonial life was peaceful for some time. However, even after shifting to the new house, the appellant did not allow any one to have a glimpse of the female child. When this was questioned, the appellant scolded the respondent by using filthy words in front of his family members. The appellant also did not serve food to the respondent on many days. According to the respondent, whenever his relatives or friends visited the house with an invitation to attend any function, she would not allow the respondent to attend the same. Therefore, none of the friends or relatives visited the house of the respondent and whenever the respondent tried to convince the appellant, she threatened to end her life by committing suicide. The appellant also did not allow the respondent to take the minor daughter to his parents house even once in a month and thereby he was subjected to harassment and mental agony.