VEERAMANI Vs. RAJARAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred against the fair and executable order of the Family Court, Dindigul, made in HMOP No.25 of 2014, dated 17.03.2015.

(2.) The case of the respondent/husband is that the marriage between the appellant/wife and the respondent/husband was solemnized on 24.04.1983 at Nagalpudur, Dindigul as per the Hindu Rites and Customs. After marriage, the couple had started their marriage life peacefully, but not begotten any child and due to quarrel with regard to payment of money borrowed by the father of the appellant/wife, on 111.2010 the appellant/wife left the matrimonial home with 40 sovereigns of gold jewel and staying with her parents and in- spite of repeated requests including legal notice, dated 05.12011, the appellant/wife has not come forward to have a conjugal life with the respondent/husband.

(3.) The appellant/wife, who was arrayed as the respondent denied the allegations and would contend that the respondent/husband was not working as a fitter at the time of marriage, but he was working as Fitter Assistant. They have no issues out of the wedlock and her father borrowed Rs. 1,50,000/- from the respondent, after executing a promissory note and her father repaid the said amount and demanded the respondent to return the promissory note, but the same was refused by the respondent and due to it, from 2009 November onwards the respondent/husband often tortured the appellant/wife and also failed to maintain the family, thereby treating the appellant/wife with cruelty. The respondent/husband had also developed illegal intimacy with one Kaliammal, the wife of Sriram and maintained her for two years and due to which, the respondent/husband insisted to transfer the documents, passbooks and bonds in his name. Since, the appellant/wife refused for the same, she was driven from the matrimonial home on 15.02.2011 and settled with her mother at Nagalpudur, Dindigul. The appellant/wife gave a police complaint on 29.02011 before the AWPS, Madurai and pending enquiry, the respondent/husband agreed to return all the documents, bonds and passbooks to the appellant/wife.