CHANDRA Vs. RAJENDIRAN

JUDGEMENT

(1.) The appellant / wife has filed the present Civil Miscellaneous Second Appeal to set aside the Judgment and Decree dated 29.10.2011 made in C.M.A.No.21 of 2010 on the file of the learned Additional District Judge, Fast Track Court No.II, Salem in confirming the decree and Judgment dated 15.07.2010 made in H.M.O.P.No.19 of 2007 on the file of Subordinate Court, Attur.

(2.) The case of the respondent / husband is that he married the appellant on 14.09.1988 and the respondent / husband was working as mason. The appellant / wife had insulted him stating that he has no better job and he is not earning more money and always used to visit and stay in her parents house and from January, 1994 she left permanently and resided there. The appellant / wife had given a complaint to the police stating that the respondent / husband attempted to murder her. The appellant / wife always used to scold the respondent in front of relatives and would speak that he is not fit to be a husband. Left with no other option, the respondent / husband had sold all the properties and started working in various other places other than their village. When the appellant / wife was staying at Thainampalayam village near Kuppam, she had given a complaint on 15.05.2003, as if the husband had tried to strangulate her, due to which the husband was arrested, he was beaten up by the police officials in jail and with regard to the same, a case in S.C.No.85 of 2006 is pending for enquiry in Mahila Court, Salem.

(3.) It is the further case of the respondent / husband that the brother of the appellant / wife had also tried to set fire to the house of the respondent / husband and the entire house was damaged. Therefore, he has given a complaint against the appellant / wife before Chinna Salem Police Station and a case has been registered and criminal proceedings were initiated before the court below at Kallakurichi. Since for the past 13 years, the appellant / wife was living separately and there is no possibilities to reunite and lead a happy married life as husband and wife, due to the aforesaid cruelty caused by the appellant, the respondent has filed a petition before the Sub Court, Attur under Section 13(1) (1A) & (1B) of Hindu Marriage Act, seeking to dissolve the marriage held between them.