A.P. RANGA RAO Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) THIS second appeal is directed by the petitioner husband challenging the legality and correctness of the judgment passed by the VI Additional Judge, City Civil Court, Madras, in C.M.A. 54 of 1979, confirming the decree and judgment passed by the IV Assistant Judge, City Civil Court, Madras, dismissing the petition for dissolution of marriage.

(2.) THE facts which are necessary for the disposal of this appeal can be briefly stated as follows : The appellant (herein after referred to as the petitioner) married the respondent on 9 -9 -1968 , according to caste custom. On account of the lawful wedlock she gave birth to a daughter on 3 -7 -1969. The case of the petitioner is that the respondent used to tease him and provoke him often. On several occasions she threatened to commit suicide. She insisted on the petitioner to start a separate establishment after severing his connection with the other members of his family, namely, mother, brother, brother's wife and unmarried brother. In or about March 1969, the respondent consumed bug poison and she was admitted in the Government Stanley Hospital. She deserted the petitioner in June 1970. By the intervention of mediators, who consisted of close relations, she later joined and she again left the house in February 1971. Subsequently in October 1972 she returned. In June -July 1973, she again attempted to commit suicide by consuming glass pieces. According to him, Mr. V.M. Day, Advocate, attempted to settle the matter amicably, but of no use. On account of the various acts of the respondent, he is put to extreme mental agony and that the respondent has also developed ulcer. Hence, he filed the petition for dissolution of marriage on the ground of desertion and cruelty. In addition he prayed for custody of the minor child.

(3.) THE trial Assistant Judge dismissed the petition holding that the petitioner has not made out any of the grounds of desertion or cruelty. He was unsuccessful before the appellate court. Hence this second appeal.