The importance of understanding and adjusting to cultural differences in a marital home as a collective responsibility of the couple, their parents, and family members.

JUDGMENT :

G. Chandrasekharan, J.

(Prayer: This Civil Miscellaneous Appeal is filed under Section 19(1) of the Family Court Act against the order and decree dated 07.04.2017 made in FCOP No.53 of 2014 on the file of Family Court, Vellore, Vellore District (IDOP No.2 of 2010 on the file of the Principal District Court, Vellore).

1. This Civil Miscellaneous Appeal is filed against the order of the learned Family Court Judge, Family Court, Vellore in FCOP No.53 of 2014, formerly IDOP No.2 of 2010.

2. The appellant as the petitioner filed petition under Section 10(i)(x) of Divorce Act, (Amendment Act 2001 (51 of 2001)) on the ground of cruelty. The parties are being referred in this Appeal as they were referred before the trial Court.

3. The case of the petitioner, as seen from the petition averment, in brief is as follows:-

(i) Petitioner and respondent are Christians belonging to “Layman Evangelical Fellowship” Church. Petitioner was a Hindu by birth and s ubsequently, converted to Christianity. The marriage between the petitioner and respondent was solemnised on 13.01.2009 at Apostolic Fellowship Tabernacle Church, Vellore according to Christian worship. After marriage, petitioner and Respondent stayed at the respondent’s house on 13.01.2009 and 14.01.2009 and thereafter, they came to petitioner’s house on 15.01.2009. Reception was held at the residence of petitioner on 16.01.2009. Both of them stayed in the petitioner’s house for two days and left to Ooty on 18.01.2009 as a pleasure trip and from there went to Bangalore on 19.01.2009. During the short stay at petitioner’s house, the respondent ill-treated the petitioner’s parents cruelly. Respondent is a fanatic in christianity and she treated the parents of the petitioner as untouchables. She told that she totally discard and disrespect the family members of petitioner including his parents, because of the fact that all are Hindus. She started showing indifferent attitude towards the family of the petitioner. The respondent was pestering the petitioner to have the separate residence and she was unwilling to live with the parents of the petitioner. Petitioner requested the respondent several times to change her attitude and pacified her to live with his parents. But the respondent did not mend her ways.

(ii) Petitioner and respondent left to Bangalore on 19.01.2009 and started hunting for a rented house. With much difficulty, the petitioner rented a house at White Field Main Road, Siddhapura, Bangalore on 24.01.2009. Even after making arrangement for a separate living, the respondent started quarrelling with the petitioner on 05.02.2009 and asked him to take her to her parents’ home at Vellore immediately. The petitioner expressed his inability to avail the leave, but the respondent left to her parental home without bothering or minding the words of the petitioner. She returned to Bangalore on 13.02.2009 along with her grandmother. The respondent was torturing the petitioner to forsake and to neglect his parents. He told her that he is the only son to his parents and he has to take care of them. On 03.03.2009, the petitioner left to Netherlands for his official work and returned on 23.03.2009. The respondent quarrelled with the petitioner and asked him to quit the job and settle at Vellore with her parents. On one day, she left the house at 12’O Clock in the night and started quarrelling with the petitioner in the street without any reason or cause. Petitioner with the help of his well wishers Mr.Mahind and Mr.Shyla Mahind pacified the respondent. The respondent removed the Thali and threw on the face of the petitioner. Only on the advice of Mr.Mahind and Mr.Shyla Mahind, she started wearing the Thali again.

(iii) On 12.04.2009, the petitioner and respondent came to Coimbatore to celebrate Easter. While travelling, the respondent started quarrelling with the petitioner and attempted to jump from the bus to commit suicide. Petitioner pacified her and came to Coimbatore and immediately