LAWS(MAD)-2009-3-10

BANU Vs. GOVINDAPERUMAL

Decided On March 31, 2009
BANU Appellant
V/S
GOVINDAPERUMAL Respondents

JUDGEMENT

(1.) THE above Civil Revision petitions are filed against the Orders dated 13. 05. 2008 passed in I. A. Nos. 518 and 516 of 2008 in M. O. P. No. 123 of 2002 on the file of the Family Court, Pondicherry.

(2.) THE respondent /wife in M. O. P. No. 123 of 2002 on the file of Family Court, pondicherry, is the revision petitioner before this Court, in both the revision petitions. She is aggrieved by the orders of the family Court dated 13. 05. 2008, made in i. A. No. 518 of 2008 and I. A. No. 516 of 2008 filed by her, to summon the list mentioned witnesses for their attendance before this court with documents sought for and to reopen the respondent's side evidence in m. O. P. respectively.

(3.) THE M. O. P. No. 123 of 2002 was filed by the respondent/husband under Sec. 13 (1) (1) (a) of the Hindu Marriage Act, 1955, for a judgment and decree in favour of the respondent/husband, by dissolving the marriage dated 6. 12. 2000 solemnised between the parties. According to the respondent/ husband, within 15 days of their marriage, which was celebrated on 6. 12. 2000, the petitioner/wife started having difference of opinion against the respondent/husband. The respondent/husband could not understand the attitude of the petitioner/wife from the beginning of their first-night and the petitioner/wife being a French national, decided to go to France for employment. Without the permission of the respondent/ husband, the petitioner/wife decided to break the matrimonial life once and for all and forced the respondent/ husband to execute a written deed of divorce. The act of the petitioner/wife amounts to guilty and cruelty and she wilfully neglected the husband with cruel intentions. The respondent/husband patiently waited for the petitioner/wife, but the petitioner/wife neglected him and also caused harassment and therefore, the respondent/husband is entitled to a decree of divorce on the ground of cruelty.