2017 Supreme(Mad) 573
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.M. VELUMANI, J.
Salome, W/o. Prince D.Immanuel – Appellant
Vs.
Dr. Prince D.Immanuel – Respondent
C.M.A.(MD)Nos.238 of 2012 and 239 of 2012
Decided On : 06-04-2017
For the Appellant : Mr. G. Prabhu Rajadurai, for Mr. D. Rajkumar
For the Respondent: Mr. M. Vallinayagam, Senior Counsel for Mr. K. Samidurai
Headnote:
Veterinary Doctor - Suspicious manner regarding her fidelity - Down trodden uneducated man- appellant is the wife and respondent is the husband - Marriage between the appellant and the respondent was solemnized at Baptist Church according to Christian Customs and Rites - Appellant is a Doctor and appellants parents are also Doctors. The respondent is working as a Veterinary Doctor and subsequently, obtained Doctorate Degree in the Field of Meat Research. At time of marriage, respondent was working as a Scientist at National Research Centre - At that time, the appellant was working as Doctor in Leprosy Mission Hospital (TLM) on 5 years bond - Held, appellant and the respondent are living separately for more than 10 years and attitude of the respondent even after obtaining a decree of restitution of conjugal rights has not taken steps to enforce the same, but insisting on retaining matrimonial bond would amount to causing mental cruelty and to torment and traumatized the appellant - Ratio laid down in the said judgments are squarely applicable to facts of the present case - Insistence of respondent to continue matrimonial tie even though he is fully aware that there is no possibility of re-union and living together as husband and wife, amounts to causing mental cruelty to the appellant - Civil Miscellaneous Appeals are allowed
These Civil Miscellaneous Appeals have been filed by the appellant to set aside the Judgment and Decree, dated 19.11.2011, passed in I.D.O.P.Nos.8 and 42 of 2007, by the learned Principal District Judge, Thoothukudi.
2. Since the issues involved in both the Civil Miscellaneous Appeals are interlinked, they are heard together and disposed of by this common judgment.
3. The appellant is the wife and the respondent is the husband. The marriage between the appellant and the respondent was solemnized on 19.06.2003 at St.John Baptist Church, Kadatchapuram, Thoothukudi District, according to Christian Customs and Rites. The appellant is a Doctor and the appellant's parents are also Doctors. The respondent is working as a Veterinary Doctor and subsequently, obtained Doctorate Degree in the Field of Meat Research. At the time of marriage, the respondent was working as a Scientist at National Research Centre, Hyderabad, Andhra Pradesh. At that time, the appellant was working as Doctor in Leprosy Mission Hospital (TLM) at Kothara, Maharashtra, on 5 years bond. According to appellant, the respondent treated her in suspicious manner regarding her fidelity. He was not behaving like an educated person, but, like a downtrodden uneducated man. At the time of marriage, the respondent promised the appellant that he would allow her to do her Post Graduate studies. Subsequently, he refused to do so.
4. The respondent used to ring up the appellant while assisting the Surgeon in the Operation Theatre and when she did not answer call in the mobile he would question her and harass her by asking cheap questions and mentally harassed the appellant. When they were staying at Hyderabad and when the appellant gave water to small boy, who used to deliver dry cleaned clothes, the respondent shouted at the appellant in the presence of his parents. On 22.05.2005, he sent an Email to the father of the appellant accusing the appellant having affair with the staff of the hospital. He also had cheap suspicion and questioned the appellant about the relationship with the Superintendent, who is an aged person. When her parents presented a Shirt to the respondent, worth Rs.1,400/-, he threw the Shirt and scolded the appellant that the Shirt is fit for only a beggar. The respondent never allowed her to talk to her sister or to his friends. He used to be very friendly with the parents of the appellant in their presence, but he used to talk ill of them in their absence to the appellant. During their Honeymoon Trip at Kodaikanal, he behaved indifferently with everyone and were telling lies to everyone. When he went to USA, he did not inform the appellant or her parents. When the appellant received a Christmas Greetings, wishing a Happy and Peaceful Christmas, he wrongly interpreted the wish 'Happy and Peaceful Christmas'. The respondent is suffering from inferiority complex and used to torture the appellant stating that she is not smart, good looking and her parents dumped her on him, since they could not find a suitable groom. The respondent used to tell the appellant that she is not smart as his sister and he will not take her out with him anywhere. Even though, the appellant as a dutiful wife took care of his mother, the appellant used to find fault with her. The respondent boasted the appellant that he has put 22 locks to his house. For the above mental torture, the appellant issued a notice to the respondent on 06.10.2006 and filed I.D.O.P.No.8 of 2007, for dissolving the marriage, that took place on 19.06.2003 between the appellant and the respondent.
5. The respondent filed counter statement and denied all the averments made by the appellant. According to respondent, the marriage is an arranged marriage. After the appellant and the respondent met only, the marriage was arranged and after betrothal, they were married. The respondent is very proud of having appellant as his wife and has lot of love and affection for her. He took her along with him wherever he w