D.BABU NATARAJAN Vs. B.JAGATHEESWARI

JUDGEMENT

(1.) The appellant has filed the present Civil Miscellaneous Appeal under Section 9 r/w Section 100 of Civil Procedure Code to set aside the decree and Judgment passed in C.M.A.No.11 of 2010 dated 17.03.2011 by the learned Principal District Judge, Thiruvallur confirming the order in H.M.O.P.No.114 of 2009 dated 10.03.2010 by the Sub Court, Poonamalle.

(2.) The appellant herein, who is the husband of the respondent had filed a petition, viz., H.M.O.P.No.45 of 2008, under Sections 9 and 13(1)(ia) (ib) r/w 3A of Hindu Marriage Act with a prayer to pass a decree and Judgment ordering restitution of conjugal rights to the appellant or in alternate to grant divorce. The appellant had worked in Dena Bank and got voluntary retirement. After marriage, the appellant and the respondent had lived in various places, due to his employment and for the past six years, they were living in Arani, which is the native place of the appellant. Out of the wed lock, two sons, namely, Gopikrishnan and Hariharan, were born and aged 27 years and 20 years respectively [at the time when the H.M.O.P was filed]. The respondent went to Chennai under the guise that her mother has to undergo a surgery and even after the operation was completed, the respondent did not return to Arani, but she has taken a rented house at Chennai and living there with her children without returning to Matrimonial house. Inspite of repeated request made by the appellant through various letters and calling her in person, to come back to Arani and live with him, the respondent refused to comply with the said request of the without any valid reason.

(3.) It is the further case of the appellant that as a hindu wife, the respondent ought to live with her husband, but she had deserted without any reasonable cause. The respondent's attitude is against law, Manu Sasthra, Dharma and against Natural justice. The appellant had written four letters and the respondent sent a reply dated 02.04.2008 containing false allegations accusing the appellant, without any basis and she did not resume to matrimonial home. Due to the said act of the respondent's wife, the family is separated and the appellant had got a sorry figure in front of relatives and there was a mental agony even among the sons and the appellant had filed all the said letters to show that he has suffered mental agony because of the act of the respondent / wife.