NIROJARAM Vs. S.SAMINATHAN

JUDGEMENT

(1.) The appellant, who is the wife of the respondent, has filed the present Civil Miscellaneous Second Appeal, challenging the Judgment and Decree dated 21.04.2017 in C.M.A.No.17 of 2016 on the file of learned II Additional District Judge, Salem, who had confirmed the Judgment and Decree dated 22.12.2015 in H.M.O.P.No.45 of 2013, which was passed by the learned Additional Subordinate Judge, Salem.

(2.) The case of the respondent / husband is that he got married to the appellant / wife on 24.05.2010 at Maramangalam village, as per the customs prevailing in their house. The respondent was working as a teacher in Uthangarai and the appellant / wife was studying First Year B.Sc at Sri Sakthi Kailash College at Salem. In the meanwhile, the respondent got transferred to Anupur male School in Ayothiyapattinam and started to live there in a rented house. Further, the appellant got conceived, at that time, on 06.06.2010, both the appellant and the respondent met with an accident and as per advice of the Doctor, the appellant underwent abortion. A misunderstanding arose between the parties and the appellant started suspecting the character of the respondent, as if he is having illegal connection with their landlord's daughter and often picked up quarrel.

(3.) It is the further case of the respondent that the appellant also left the matrimonial home and only after a panchayat held the appellant used to return back and complaints were also given by the respondent with regard to the assault made by the family members of the wife on 09.01.2011. After the appellant left her matrimonial house, the respondent / husband filed H.M.O.P.No.3 of 2011 for Restitution of Conjugal rights under Section 9 of the Hindu Marriage Act and the appellant / wife immediately filed a D.V.O.P.No.24 of 2013 before the learned Additional Mahila Judge, Salem. The H.M.O.P.No.3 of 2011 filed by the husband for restitution of conjugal rights was allowed, however, the learned Judicial Magistrate had ordered the respondent to pay a sum of Rs.4,000/- as maintenance amount and Rs.2,000/- towards rent amount. After the said act of the appellant, who initiated criminal proceedings, the respondent / husband had filed a petition seeking divorce on the ground of cruelty and divorce was also granted. Aggrieved against the same, the appellant / wife is before this Court.