G KANNAN Vs. MEENA @ SHEELA

JUDGEMENT

(1.) The Judgment was delivered by the Honourable Mr.Justice R.Subramanian

(2.) The marriage between the parties took place on 13.09.1999 at Salem. After marriage, they started living together as husband and wife at Chennai. According to the husband, the relationship between the spouses was not cordial and the wife did not show any love and affection towards appellant husband. It also claimed that she quarrelled with the appellant for filmsy reasons and used to shout at him in an uncivilized manner. He would term it as unexplained aversion , which made his life miserable. It is also contended that the respondent wife behaved in an arrogant and violent manner even with his mother and sisters. When the behavior was brought to the notice of the respondent's father, instead of advising her to behave properly, he openly supported her and it led to increase in the scale of ill treatment. He would further contend that the respondent was unable to do even routine duties and whenever she was asked to do any work she became nervous and lost her mental balance. Due to the said mental condition, during October 1999 she was admitted in the Maya Nursing Home, Ashok Nagar for observation and her parents were duly informed. Despite, the assurance given by the appellant that he would medically treat her further and take care of her, her parents took away her to Salem without the consent and permission of the husband.

(3.) On 20.12.1999, the respondent wife was admitted a impatient in the Vijaya Hospita, Chennai for Psychiatric treatment and she got discharged on 24.12.1999 against medical advise. Soon after the discharge, the respondent left for Salem with her parents much against the wishes of the appellant and his parents. Therefore, according to the husband, the wife who had walked out of the matrimonial home on December 1999 never returned back and those warns co-habitation between the spouses for the past 5 years, preceeding the filing of the petition.