P. SIMHACHALAM Vs. YASODA

JUDGEMENT

(1.) These two appeals are directed against the judgment and decree dtd. January 10, 2020, passed by the Family Court at Port Blair in MAT Suit No.11 of 2017. FAT 02 of 2020 is the appeal of the plaintiff-husband against the rejection of his prayer for dissolution of marriage. FAT 02 of 2021 is also his appeal against the portion of the judgment and decree of the court below allowing the counter claim of the defendant-wife for restitution of conjugal rights. The two appeals were taken up together for hearing and disposal since they are directed against the same judgment and decree and involve common issues of fact and law.

(2.) The case of the plaintiff as pleaded in the plaint is that the plaintiff and the defendant, both Hindus, got married on May 16, 1990 as per Hindu rites and customs. The marriage was solemnized at Srikakulam District, Andhra Pradesh. The plaintiff was unemployed at that time. After the marriage, the parties settled down at Port Blair and lived in the house of the defendant's parents. During his stay in that house, the defendant and her parents always ill-treated the plaintiff. After six months, during their stay at Port Blair, the plaintiff was badly beaten up by his in-laws. The defendant witnessed such incident without raising any protest. The plaintiff then left for his parents' house in the main lands.

(3.) After passage of some days, the plaintiff received a letter from the defendant to the effect that the defendant and her parents were sorry for their acts and requested the plaintiff to return to Port Blair. The defendant also agreed to reside with the plaintiff at Port Blair in a separate rented accommodation. Accordingly in May 1991, the plaintiff returned from Andhra Pradesh to Port Blair and started residing there with the defendant in a rented accommodation at Dairy Farm. In the year 1992, the plaintiff got employment in the Central Agricultural Research Institute, Port Blair as a temporary status Mazdur and the plaintiff is working in such capacity till date.