M.MYTHILI Vs. MEIYALAGAN

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal has been filed against the Judgment and Decree dated 14.10.1997 made in A.S.No.50 of 1997 on thefile of the Principal District Judge, Nagai-Quide Milleth District at Nagapattinam confirming the Judgment and Decree dated 02.01.1997 made in H.M.O.P.No.40 of 1994 on the file of the I Additional Sub Judge, Nagapattinam.

(2.) The case of the appellant is that the respondent had filed a petition for dissolution of marriage in H.M.O.P.No.40 of 1994 before the I Additional Subordinate Court, Nagapattinam, stating that the marriage between the appellant and the respondent was solemnized on 11.09.1983 at Karaikkal, Nehru Nagar as per the Hindu Rites and Customs, and out of the wedlock, two children were born to them. The appellant was not living with the respondent from 04.01.1992 and she left the matrimonial home when the respondent was away on duty. Thereafter, the appellant had lodged a false complaint against the respondent at Velippalayam Police Station and obtained a document from him by coercion. Subsequently, the appellant filed a suit for maintenance in O.S.No.7 of 1992 which was decreed in favour of the her on 03.09.1993, and she also filed a suit in O.S.No.62 of 1992 on the file of the Subordinate Judge, Nagapattinam for execution of the sale deed as if there was an agreement for sale on the basis of the decree obtained at Vellippalayam Police Station. Due to the said conduct of the appellant, he seeks for dissolution of marriage solemnized between himself and the appellant.

(3.) Denying the allegations of the respondent, the appellant had filed a counter affidavit stating that from the date of marriage, the respondent never cared about the appellant and the children. The respondent purchased a plot in his name by selling the jewels of the appellant, and therefore, the appellant had requested him to transfer the property in her name. But, he refused to do so. Hence, a dispute was arose between the appellant and the respondent. There was a mediation, where the respondent had agreed to transfer the property in the name of the appellant on or before 05.02.1992. The said agreement was executed by the respondent before the mediators who prevailed the appellant to withdraw the complaint made against the respondent at Velippalayam Police Station for the attempt made on her life by pouring Kerosene and setting fire on her. The appellant for safety of her life went away to Karaikal and had been living there with her parents. Thereafter, she filed a suit for maintenance in O.S.No.7 of 1992 before the Family Court, Pondicherry and the same was allowed on 07.01.1994. The respondent had not complied to the said order and he had not even preferred any appeal against the same, and sought for dismissal of the divorce petition.