JEBASTINS Vs. JINO METILDA

JUDGEMENT

(1.) This appeal is filed against the judgment and decree passed in D.O.P.No.35 of 2010 on the file of the Family Court, Tirunelveli dated 25.05.2016.

(2.) The appellant/husband is the petitioner and he has filed a petition for divorce against the respondent/wife and the Family Court passed a decree of judicial separation for two years. Against which, the appellant/husband preferred this appeal.

(3.) The case of appellant/husband in the original petition is as follows: - On 27.12.2012, the appellant/husband and the respondent/wife got married in St.Christ Church, Palayamkottai. On the first night itself, the respondent/wife demanded the appellant/husband to live with her parents. The appellant/husband refused for the same. On that date itself, the respondent/wife threatened to commit suicide unless he accepted to reside in her house along with her parents. The parents of the appellant/husband were residing in the ground floor and the appellant/husband and the respondent/wife were residing in the first floor. The respondent/wife never prepared food and never performed the duties of a wife. The respondent/wife was working as a college lecturer and her class will be over by 3.30 p.m. She would not return back to his house instead she return to her parents house. After completion of his work, the appellant/husband used to go and bring her home. As soon as the wife got pregnant, she went to her parents house and stayed there for five months. On 12.03.2014, on the date of baby shower, she came to the house of the husband and immediately went back to her parents house. The twins were born on 22.03.2014. The husband accompanied her to the hospital and took care of her till the date of discharge. Whenever the respondent/husband went to the house of the parents of the respondent/wife to see the children, he was insulted. She refused to come back to the house of the appellant/husband and deserted him from July 2013. The respondent/wife harassed the appellant/husband by threatening him to commit suicide. Hence, decree of divorce is necessary.