P.SENTHILKUMAR Vs. V.KALPANA

JUDGEMENT

(1.) Since the issues involved in both the cases are one and the same, they are taken up together and a common judgment is being passed.

(2.) The appellant has raised the following questions of law in :

(3.) The case of the appellant is that he has filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 before the Subordinate Court, Tambaram represented by his Power of Attorney, [dated 15.10.2008, executed at Georgia, USA] father, viz., M.K.Periasamy, residing at No.39/119, P.V.Vaidyalingam Road, Old Pallavaram, Chennai - 600 117 for divorce. The appellant has stated that the respondent /wife has behaved with him in a rude and cantankerous manner and she did not do any house hold work stating that she is hailing from a very wealthy family. When the appellant wanted to include the respondent's name in the process of getting green card in USA, the authorities had directed her to undergo medical test. The test revealed that she had been suffering from tuberculosis for a very long time. Whenever the appellant asked her to take medicine for treatment of tuberculosis, she refused to do that adamantly, but had swallowed 10 to 15 regular medication tablets meant for thyroid treatment, as she intended to commit suicide. The said incident took place in the year 2002 and this had caused mental agony to the appellant. Further, the respondent made a demand to bring her parents to USA for a six months stay, the same was not conceded by the appellant, she again made attempts to commit suicide by consuming 10 to 15 tablets, meant for some other ailments in the first week of October, 2002, but with great difficulties, the appellant made the respondent to spit out all the tablets out of the mouth. When the respondent wanted to visit India to attend the marriage of her brother, the appellant had refused to accept her plea, in view of the fact that she was in advanced stage of pregnancy and her health would not permit her to undertake such a tedious and tiresome journey, she again made suicide attempt by consuming 15 tablets meant for thyroid treatment in the third week of october, 2002 and the said incident of attempting to commit suicide forced the appellant to allow the respondent to India. Hence the very frequent attempts to commit suicide had disturbed the appellant very much and had found himself restless even during office hours and thinking as to what would be going on at home, since she had a tendency to commit suicide even on a minor issue.