K. SHANMUGHA RAJA Vs. SHANTHA KUMARI

JUDGEMENT

(1.) This appeal is filed as against the order dated 27.02.2017 passed in HMOP No. 1 of 2014 on the file of Family Court, Erode, by which the Original Petition filed by the appellant under Section 13 (1) (ia) (ib) (ii) of The Hindu Marriage Act, for dissolution of the marriage solemnised between him and the respondent on 01.09.2003, was dismissed.

(2.) As per the averments of the appellant/husband in the original petition filed by him before the Family Court, at the instance of his sister's husband, through a distant relative, the marriage proposal between him and the respondent was mooted and after deliberations by the elders of both sides, a betroth function was arranged. At the time of the betroth function, it was represented that the respondent is a M.A. Graduate and her family is following Hindu religion. Subsequently, the marriage between the appellant and the respondent was solemnised on 01.09.2003 at K.G.M. Thirumana Mandapam (Kulalar Thirumana Mandapam), Nadarmedu, Erode District as per Hindu rites and customs. Subsequent to the marriage, the appellant and the respondent resided in the house of the parents of the appellant. It is the contention of the appellant that within 15 days of the marriage, the respondent frequently deserted his matrimonial company, went to her parents house and continued to stay there often. By reason of such frequent desertion by the respondent, there was no consummation between him and the respondent, thereby he was subjected to acute mental agony. According to the appellant, the respondent was in the habit of talking over phone during odd hours with unknown persons. She used to desert the matrimonial company of the appellant without his consent and knowledge. Whenever the appellant questions the respondent, she will not respond, rather, she used to utter that the appellant should not interfere with her own way of life. It is also the grievance of the appellant that he studied only upto IX standard, on the other hand, the respondent is a Post Graduate and therefore, she always used to wield her superiority over the appellant and assert that she is more qualified than him. The respondent, due to a petty quarrel, deserted his matrimonial company by taking away all the jewels presented to her at the time of marriage.

(3.) It is the specific case of the appellant that the marriage was not consummated owing to frequent desertion of the respondent to her parents house. It is also the contention of the appellant that the respondent stayed with him only for 15 days after the marriage in the matrimonial home. While so, the appellant came to know that the respondent gave birth to a female child. The appellant disowned his paternity of the female child by stating that he is always ready to subject himself to any medical test to show that the female child was not born to him.