D SUNDARAJAN Vs. CHITHRA

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal arises out of the Judgment and Decree dated 12.02.2016 made in H.M.C.M.A.No.5 of 2013, passed by the learned Principal District Judge, Pudukottai, confirming the Judgment and Decree dated 15.03.2013 made in H.M.O.P.No.57 of 2012 passed by the learned Subordinate Judge, Pudukottai.

(2.) The appeal was heard on the following substantial questions of law:-

(3.) The Brief facts, necessary for disposal of the appeal are as follows: The Appellant is the husband and the Respondent is the wife. The marriage between them was solemnized on 105.1999 according to Hindu rites and Customs. 30.06.2002. After the marriage the couple started their matrimonial life at New Delhi. Due to their wedlock one male child was born on 01.12.2000 and female child was born on 05.07.2004. The appellant has stated that the respondent right from the date of marriage has shown indifferent attitude towards him and she never get mingled with her in-laws. Even for trivial reasons the respondent would raise quarrel with the appellant and she started suspecting the appellant in every occasion. During the year 2005, the son of the appellant was diagnosed for a skin disease namely Morphea and both the appellant and the respondent had taken their son to various hospitals for the treatment. Though the appellant has put his utmost sincere and care towards the son during the treatment, the respondent would harass the appellant and used to fight everyday for no reasons. On several occasions the respondent was very careless towards her son during the treatment period. During the month of October 2006 the appellant shifted his job to Bangalore. In the 1st week of January 2007, the appellant went to United States for his official duty for two weeks and on his return, the respondent accused the appellant by saying that he was having illicit relationship with his brother's wife. Thereafter the respondent had left the matrimonial home voluntarily in the month of January, 2007 and had not returned to the matrimonial home till date. It is the further case of the appellant that during his absence in the month of May, 2007 the respondent who was having one set of house keys, entered into the residence at Bangalore and taken several valuables and gold articles. The appellant later found the same and gave a complaint under Ex.P3 before the Local Police. Even on one occasion the respondent accompanied with her father, brother and 4 unknown persons, went to the house of the appellant in his absence and threatened his parents with dire consequences. Thereafter the respondent instituted a criminal complaint against the appellant and his parents including his brother and his wife in Cr.M.P.No.2070 of 2010 before the Learned Judicial Magistrate, Pudukottai and subsequently the same was dismissed for non prosecution. Subsequently the respondent filed a maintenance case seeking maintenance for the children. The appellant has been paying maintenance at the rate of Rs7,000/- for his son and Rs. 3,000/- for his daughter, till date without any fail. Since the respondent has caused mental cruelty to the appellant and left the matrimonial home voluntarily, he filed the HMOP seeking divorce on the ground of cruelty and desertion.