MAHALINGAM Vs. RAJESWARI

JUDGEMENT

(1.) The present Civil Miscellaneous Second Appeal is filed by the appellant / husband to set aside the Judgment and decree dated 20.12.2013 made in C.M.A.No.2 of 2009 on the file of learned Principal District Judge, Villupuram and consequently, confirm the Judgment and Decree dated 10.09.2008 made in H.M.O.P.No.19 of 2004 on the file of the learned Principal Subordinate Judge, Villupuram.

(2.) The case of the appellant / husband is that he has filed a petition in H.M.O.P.34 of 1997 for divorce on the ground of cruelty and desertion stating he had married the respondent on 15.04.1992 at Mylam and the marriage was solemnized, as per Hindu Rites and Customs. Immediately, after the marriage, the respondent gave birth to a female child on 31.01.1993. During the said period, the respondent was not living with the appellant peacefully. Further, the appellant submits that the respondent used to always leave the matrimonial home and proceed to her brother's house since the date of marriage, she was not faithful or loyal to the appellant and has not discharged her duties as wife. The appellant and the respondent were living originally at Neyveli Township and then, they have shifted to Cuddalore, where they were residing till the problems arose.

(3.) It is the further case of the appellant that he married the respondent / wife as a second wife. Through the 1st marriage, he had two female children aged 12 and 9 and the 1st wife died, hence he married the respondent, as second wife. To his disappointment, the respondent did not take care of the children born through the 1st wife and his mother. He also stated that she refused to maintain them and directed the appellant to make them stay in some school hostel, as she could not take care of them. She would always stay in her brother's house for days together without the consent of the appellant.