VIJAYALAKSHMI Vs. R BALASUBRAMANIAM

JUDGEMENT

(1.) The Civil Revision Petition is filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India to dismiss O.P.No.2452 of 2006 pending on the file of the II Additional Judge, Family Court, Chennai on the ground of an abuse of process of Court. The wife who is the respondent in the proceedings before the Family Court is the petitioner in the above Civil Revision Petition.

(2.) The respondent/husband has filed O.P.No.2452 of 2006 on the file of the II Additional Judge, Family Court, Chennai seeking divorce on the ground of cruelty and desertion. The respondent in his petition has contended that the marriage between the petitioner and the respondent had taken place on 06.07.1969 as per the Hindu Rites and Customs and that they lived as husband and wife for 10 years till 09.09.1979; that his matrimonial life was miserable and the petitioner herein used to quarrel on trivial matters and would at the drop of the hat leave to her parents place. The respondent herein would further contend that he had earlier filed O.P.No.450 of 1982 before the 2nd Additional Judge, Family Court, Chennai, against the respondent for divorce on the very same ground of desertion and cruelty. After the formation of the Family Court at Chennai, the Original Petition was transferred to the Family Court and the same was renumbered as H.M.O.P.No.1 of 1998.

(3.) After contest the learned Judge of the Family Court by a judgment and decree dated 19.05.1992 granted judicial separation instead of divorce as sought for by the Respondent herein. This decree was taken by way of an appeal by the petitioner herein to this Court in C.M.A.No.261 of 1993 and by judgment and decree dated 19.12.1996, this Court was pleased to allow the appeal on the ground that when the relief sought for was for a divorce the alternative relief of judicial separation could not be granted. Challenging this judgment and decree, the respondent herein preferred an appeal to the Hon'ble Supreme Court and by an order dated 05.08.1999, the Hon'ble Supreme Court was pleased to confirm the judgment and decree of this Court. He would further aver that even after the dismissal of the appeal in C.A.No.2966 of 1997 by the Hon'ble Supreme Court, the petitioner herein did not evince any interest to rejoin the matrimonial home and therefore it should be presumed that she was no longer interested in continuing the marital relationship. The petitioner further contended that the respondent was deliberately maligning his name and reputation as a result of which he has suffered immense mental agony.