A.B. CHITHRA Vs. K.S. VENKATA RAJA

JUDGEMENT

(1.) CHALLENGE in this civil miscellaneous second appeal is to the judgment dated 20.6.2005 passed in H.M.C.M.A.No.13 of 2003 by the Principal District Court, Virudhunagar District at Srivilliputhur.

(2.) THE appellant herein as petitioner has filed H.M.O.P.No.29 of 2002 on the file of the Sub Court, Srivilliputhur under Section 13(1) (1 -A) of the Hindu Marriage Act, 1955 praying to dissolve the marriage held between her and respondent.

(3.) IT is stated in the petition that the respondent has married the petitioner on 23.5.1996 in Anandhas Thirumana Mandapam, Rajapalayam according to caste custom and Hindu rites. The respondent has adopted tactics to extract money from the father of the petitioner by way of dowry. The petitioner has stayed only seven days at Rajapalayam and subsequently, she has gone to Madurai. During first April, the father of the petitioner has given Rs.2,00,000/ - and the respondent has purchased a New Maruti Omni Van and sold the same within one or two months. The petitioner after finishing her house surgency course has stayed with the respondent in his house at Rajapalayam. The respondent has used to extract money from the father of the petitioner. The father of the petitioner has given Rs.1.5 lakhs to meet the urgent needs of the respondent. During March 1997, the respondent has demanded Rs.5,00,000/ - from the petitioner and directed her to get the same from her father. Since the petitioner has hailed from a decent family, she tolerated the invectives hurled by the respondent. The respondent has not allowed to go to her father's house on the eve of Tamil new year day in the year 1997. Despite of ill treatments given by the respondent, the petitioner has lived with the respondent during pregnancy period. The respondent has not allowed the petitioner to make visit to her parents house. The petitioner has joined at Sri Ramachandra Medical College and she has begotten a female child on 8.10.1997 and the entire charges have been borne by the parents of the petitioner. The respondent has not allowed the petitioner to go to the house of her parents. The respondent has also compelled the petitioner to change her name as Chitra Venkat Raja. The respondent has also used to assault the petitioner on several occasions. The respondent has also spoiled the mind of the child by saying that the petitioner would give injection and medicine to her. The child has suffered from severe illness and the respondent has not allowed to take her to the hospital of her father. On 28.10.2001 the parents of the petitioner have sent a lancer car so as to pick up her and the respondent has slapped the petitioner in the presence of his mother and also scolded her by using filthy words. During June 2001, the petitioner has left for U.K. and sent a parcel to the child and also talked to her over phone and after knowing all these things the respondent has withdrawn the child from the school. Since the respondent has caused both physical and mental cruelty to the petitioner, she has chosen to give a legal notice on 10.12.2001 and even after receipt of the same, the respondent has not changed his attitude. Under the said circumstances, the present petition has been filed for dissolving the marriage held between the petitioner and respondent.