N SHANKAR Vs. S SARASWATHI

JUDGEMENT

(1.) The unsuccessful plaintiff/appellant husband herein Mr.N.Shankar having lost his case before the trial Court for decree of divorce has filed the present Civil Miscellaneous Appeal.

(2.) The plaintiff/appellant is an engineer by profession married the respondent, an educated lady in accordance with Hindu Rites and ceremonies. After the marriage, they were having happy married life. Since the appellant husband has suffered many mental cruelties at the hands of his own wife, the respondent herein, though the appellant had adjusted on many occasions with the respondent to avoid any friction with a fond hope that she would cope up with him in future to lead an amicable, peaceful and happy life and the appellant finally having miserably disappointed, was constrained to file the petition for divorce under Section 13(a) of the Hindu Marriage Act, inter alia among other grounds that the respondent started ill treating the petitioner/appellant very often. To mention some instances, the respondent used to force the petitioner/appellant herein to have sexual intercourse even when the petitioner/appellant was not keeping good health and in the event of the appellant refusing to go with the respondent, the respondent used to abuse the appellant and some times even used violence against him, by using her nails and sometimes the respondent would go hysterical and flare up against the appellant and on some other occasions she used to resort, violence against the appellant by nails. On many occasions, the respondent wife used to belittle the petitioner, that too, in the presence of his friends and used abusive languages against the appellant.

(3.) In the beginning of 1993, the respondent wife used to force the appellant to have sex even when the appellant was not well, having wheezing problems. Whenever the appellant refused to accept the respondent's demand, she used to hurt the appellant by using her nails, even over trivial issues she used to find fault with the appellant and it would end up with quarrel. Even on some occasions, the respondent used to threaten and torture the appellant saying that she would commit suicide. All these peculiar behaviour of the respondent could amount to mental and legal cruelty and on this ground, the appellant asked for, decree of divorce from the respondent by filing the petition under Section 13(a) of the Hindu Marriage Act.