R.VALARMATHI Vs. P.SRINIVASAN

JUDGEMENT

(1.) The appellant has filed the present Civil Miscellaneous Second Appeal against the Judgment and Decree passed in C.M.A.No.43 of 2013 on the file of the First Additional District Court, Erode, dated 30.06.2014 reversing the fair and final order dated 11.03.2013 passed in H.M.O.P.No.277 of 2008 on the file of the learned Principal Sub Court, Erode.

(2.) The facts of the case in a nutshell, leading to the filing of this appeal are as follows:- (i) The marriage of both the parties viz., the appellant and the respondent was solemnized as per the Hindu Rites and customs on 22.10.2007 at Easwaramurthy Hall, Perundurai road, Erode. The respondent presented 5 sovereigns of jewels and sarees worth of Rs.20,000/- at the time of betrothal and marriage expenses were shared equally by both the families. After their marriage, the appellant has not behaved as a normal wife and refused to involve in a normal matrimonial life and she seems to be a moody type not in a normal movement with the respondent and his family members. The respondent had enquired about the same with the appellant and her family members. The appellant's father conveyed that she was possessed with ghost while she fell down along with her mother driving her two wheeler near a grave yard and it could be cured by taking her to temple. The respondent took the appellant for treatment. Thereafter, the respondent came to know that the appellant was under treatment for Schizophrenia for the past 5 years. The respondent had taken her to the appellant's parents house for further treatment to cure her. But without curing the disease, she was again and again left at the respondent's house frequently. The appellant has persistently treated the respondent with such cruelty that it caused a reasonable apprehension in the mind of the respondent that it will be harmful and injurious for the respondent to live with the appellant. Hence the respondent sent a registered legal notice on 01.07.2008 seeking for divorce.

(3.) Denying the averments, the appellant had filed a counter statement and stated that at the time of marriage the appellant's parents have presented 40 sovereigns of jewels and house hold articles worth Rs.25,000/- and a sum of Rs.50,000/- towards pottypanam. The marriage was consummated between the respondent and the appellant. The appellant was taken treatment only for giddiness when she had tension. The appellant is a normal lady and she has no mental disorder as alleged by the respondent. The appellant's parents have disclosed all the facts before conducting the marriage and the respondent has also taken the appellant to their family doctor and obtained a report from him. The Doctor states that the appellant was not affected by any disease of mental disorder and was treated for tension and now that she is normal. After satisfaction of the Doctor's report only, the respondent had married the appellant. The respondent and his parents demanded a new Maruti Car from the appellant's parents, when the appellant refused for the demand of respondent due to her father's inability to mobilise the amount. The respondent had snatched all her jewels and he is in possession of 40 sovereigns of gold and house hold articles worth Rs.25,000/- and cash of Rs.50,000/-. The appellant's family members had taken several steps through mediators for the reunion of appellant with the respondent. The appellant is always ready and willing to live with the respondent and has no intention to give consent for divorce.